How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JPEsq. Your Own Question

JPEsq.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5104
Experience:  Published articles on family law, featured in several publications for successful trial work.
14397910
Type Your Family Law Question Here...
JPEsq. is online now
A new question is answered every 9 seconds

If my will specifies a first choice and second choice for the

Resolved Question:

If my will specifies a first choice and second choice for the guardian of my child, what would happen if (1) I died, (2) my first choice took guardianship of my child, and (3) my first choice later died? Would guardianship of my child go to my second choice or to the person specified in the will of my first choice?
Submitted: 2 years ago.
Category: Family Law
Expert:  JPEsq. replied 2 years ago.

Even if you name a guardian in your will, there is no guarantee that this will be followed. A lot of people refuse to believe this is the case, but the truth is that you are just stating what you would like to see happen... the court does not have to follow it. But the parent's wishes to carry a lot of weight with the court, and are usually followed.

To answer your questions, if the first choice died, it would depend on what had happened between the time they took guardianship and the time they died. It would also depend on the ongoing relationships of the children with your 2nd choice and with the guardian's choice. Basically, at that point, the court would just enter its usual "best interests of the child" standard, and one of the factors in that determination is what you as the parents had wanted. But it would depend on how much time had passed and how old the children were at the time. Their wishes if they are teenagers would probably override their deceased parents wishes at that point.

Customer: replied 2 years ago.
I sent a follow-up question earlier, but it seems not to have gotten into the system. Under what circumstances might a court deny an uncontested guardianship of a young child?
Expert:  JPEsq. replied 2 years ago.
The court will look at all the circumstances surrounding the guardianship. There is no one set of circumstances, but generally, if the court determines that a guardianship is not in the child's best interests, then it will be denied. Since the parents would have consented, it would have to be a problem with the potential guardian. In the case of a post mortem guardianship... the most common issue is that circumstances have changed dramatically from the time the will was written.
JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5104
Experience: Published articles on family law, featured in several publications for successful trial work.
JPEsq. and 7 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney