Naming a legal guardian for our child so that it holds up in court can be tricky because different states have different requirements.
However, all states recognize designation of a guardian in a Last Will & Testament (“will”). To be safe, this is what I recommend all of our clients do regardless of the state in which they live.
If you have a child, you should have a will so you properly identify your heirs. Take that opportunity to name a legal guardian.
Different states have different requirements for what constitutes a valid will. For example:
· Some states allow a “holographic” or hand-written will with no witnesses or notary, some states don’t
· Some states require one witness, some two
· Some states require the witnesses not be blood-related to you. Others allow blood relatives to be witnesses
· Some states allow the notary to qualify as one of the witnesses. Other states require two witnesses in addition to the notary.
You can see that taking a DIY approach to a will is risky. This is your child we’re talking about. Do it right and hire a professional.
At EstateplanningUS we are always ready to assist you put the plan in place that is the right plan for your family. In fact, we have a special program that makes designating legal guardians affordable for every parent of young children.
We call this program My Guardian Angel Plan. Call or email us to find out how we have removed all obstacles for parents of young children to name a legal guardian.