How a Will can Prevent a Guardianship Battle During Probate

One of the best things that a parent can do for his or her child is to establish legal guardianship in a will. It is so important to establish guardianship in a will because it lets you – the parent – decide the legal guardianship of your child, in the event of your untimely death or incapacity. Your will could also include language that prevents a harmful or abusive ex-spouse from obtaining custody of your child. If your will does not provide for guardianship, the Florida courts will be called upon to decide where your children will go (and with whom they will live) if something unexpected happens to you.

The experienced attorneys at The Legacy Law Firm can assist you with drafting an effective will that provides for guardianship of your minor child or children. We can also assist will every aspect of the estate planning process. Feel free to give us a call today at (954) 999-9683 or contact us online for assistance.

Establishing Guardianship in Your Will


By establishing legal guardianship of your child in a will, it prevents a potential battle during the probate process. If the other parent of your child is alive, you should make sure that you name the same legal guardian in both of your respective wills – in case both you and your spouse died at the same time. It may also be a good idea to name someone else as an alternate, in the event the named legal guardian is not available (or able) to execute his or her responsibility when the time comes.

Considerations when Naming a Legal Guardian in Your Will

When it comes to naming a legal guardian in your will, there are certain considerations that you should always take into account. Those important considerations include all of the following:


  1. Making sure that your children are kept together following your untimely death and that your children will get along well with the legal guardian’s own children, if he or she has any

  2. Making sure that the selected guardian holds the same religious beliefs and personal values as you, ensuring that your children will be raised in a manner similar to the way in which you would have raised them

  3. Ensuring that the selected guardian has secure finances and would be able to support your children financially in the event of your untimely death

  4. Making sure that the selected guardian would be emotionally and financially equipped to address your child or children’s special needs (if any)

    Contact an Experienced Estate Planning Lawyer in Coral Springs and Delray Beach, Florida 


At The Legacy Law Firm, we understand that it is often best to plan for the unexpected. Our attorneys can assist you with drafting a thorough will and other estate planning documents to provide you with peace of mind well into the future.

To schedule a free consultation or case evaluation with an experienced Coral Springs and Delray Beach, Florida estate planning attorney, please give us a call at (954) 999-9683, or contact us online today.