How do I Deal with Guardianship in a Blended Family?

Blended families are a little bit more complicated for estate planning, but the need for protection is no less than in non-blended families.  

Think about this: You have children from a previous marriage. Those children have already been through some turbulent times.  If you die without the protection afforded by a will, they are in for an even more traumatic experience than they would be in just dealing with your death.  Now they have to deal with the uncertainty that comes from dealing with the court.  Children don't need added uncertainty.

Let's add another wrinkle. What about if you don't have custody of your child?  You may think: "Well, my ex-wife has custody of my daughter, so I don't need to name a guardian."  Well, what if your ex-wife dies or becomes incapacitated (mentally through an accident or mental illness)?  You may end up with custody of that child.  So you need to plan for it in your will.  YOU NEED TO NAME A GUARDIAN FOR YOUR CHILD EVEN IF YOU DON'T HAVE CUSTODY RIGHT NOW.  

What if the opposite happens?  You have custody of your child.  You die, but your ex-spouse is mentally unfit?  A court is not going to be very happy to give your child to someone mentally unfit. Did you name a guardian for your child in your will?  If you did, then the court has somewhere to look, with some level of authority, to place your child in a good home.  

There are so many possibilities of what could happen in blended family situations.  The easiest way to approach it (if you can't come to an agreement with your ex-spouse) is to simply name a guardian in case, for some reason, circumstances arise where this is needed.  

It takes almost no extra time for you to tell your attorney: "Listen, I don't have custody of my kids right now, but I do want to name my Sister Sarah as guardian in case that ever comes up."  A good estate planning attorney will know how to address this in a will.  

If you don't already have a will, or your will needs updating to add a guardian or some other information, you can get one here for much less than a brick-and-mortar law firm, custom drafted by a licensed attorney for your particular circumstances.  This is backed by a 100% satisfaction guarantee.  Click here to get started!