Updating Your Will After Divorce

Court Appointed Guardian

A court will appoint a guardian to care for a child only if both parents are deceased or unfit. (And courts find a parent unfit only if there is a serious and ongoing problem, such as a history of child abuse or addiction.) If you don’t want your ex-spouse to raise your children in the event of your untimely death because you don’t think he or she is a good person or a good parent, it’s probably not something you can prevent.

In your will, however, you can name whomever you choose to serve as guardian, in case both you and the other parent aren’t available. (It is, thankfully, rare for both parents to be unavailable.) If you feel strongly that the other parent shouldn’t have custody of your children, write down your reasons in a letter and attach it to your will. It will at least give the judge something to consider. When creating your new will, you need an estate planning attorney whose experience you can trust. Taroff & Taitz, LLP’s expert estate planning attorneys are here to give you the support and guidance you need during this stressful time. Contact us today to secure the future for the ones you love.

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