Children

If there are children in the marriage and one parent dies, the surviving parent will likely be the guardian. This preference is statutory, and there is nothing the other spouse can do to affect this. The surviving parent would only be excluded if they were deemed by the court to be unfit as guardian. Regardless, a secondary guardian should be nominated in case the surviving spouse is unable or unwilling to act as guardian.

You may not be able to prevent your ex-spouse from becoming guardian of your children, but you can keep them from gaining control of assets you leave for the children including life insurance proceeds, bank accounts, your home and so on.

If no other plans are made, the surviving parent will gain control over the inherited assets as guardian of the children. This result can be avoided through a trust. Using a trust, you can appoint a relative or friend of your choosing to take control of your children’s assets. You can direct how and when those assets are to be used and at what ages they are to be turned over to your children. The trust can be separate or as part of your will.