It is said that parents should name the same guardian for their children. But what should be done if parents are divorced, or for other reasons the parents cannot agree on the most suitable guardian? Naming different guardians can lead to a battle in court if you and the children’s other parent pass away while your children are still minors. The decision over who is the guardian can then be left in the judge’s hands.

One way to tackle this situation in part is to leave a Letter of Explanation outlining your reasons for the choice of guardian. It is important to have an experienced attorney assist you in the drafting of such a letter, but here are the basics of what should be included:

    • Who the children would prefer is their guardian, including the relationship between the children and the prospective guardian
    • Why you are choosing this guardian, including why they will best meet the children’s needs, particularly about providing stability and proper care
    • Include the values and moral fitness of the prospective guardian and how they align with your own
    • The physical and financial ability of the prospective guardian you are choosing to raise your children

At The Deliberato Law Center, we are here to help you with ensuring your estate plans are complete and secure, and this includes planning for every situation. We want to make sure your loved ones are protected, no matter what happens. Do not hesitate to reach out to the Deliberato Law Center either by calling our office at (216) 341-3413 or writing us using the contact form on our website.


Contact the Estate Planning Attorneys at Deliberato Law Center