When a child loses one parent, the other parent automatically has full legal and physical custody unless he or she is deemed unfit by a court.
If neither parent survives, in the absence of a will a court must make the decision. A court proceeding can be quick and smooth if all members of both spouses’ families agree about what should be done. But if not, lengthy disputes could add considerable uncertainty and anxiety to an already traumatic time for your children.
In addition, if you and your spouse were both gone, you likely would want a guardian who shared your value system, religious beliefs, attitude toward education, money management values, and the like. A court decision may not accomplish this. By naming someone in advance in your will, you can make sure the guardian you would most like to have will actually take care of your kids.
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