August 23, 2017

I am divorced, can I put it in my will that my brother will be gaurdian if I die?

Additional Information:

My wife and I got divorced in Worcester two years ago and I got sole custody of our 5 year-old son. My question is if I put it in my will that my brother will take care of my son if I die, will that happen or can my wife get custody if she wants?

ATTORNEY ANSWER:

Your wife could still get custody of your son even if you put it in your will.  Despite the fact that you got sole custody of your son, if you die, your wife will still have a right to petition the court for custody of your son.  Your brother could also file a petition for guardianship upon your death and try to establish that your ex wife is unfit as a parent and that it would be in the best interests of your son to live with your brother.  Unless your ex wife has serious issues in her life which would make her unfit and unable to parent your son, then she would likely be granted custody of him.  If nothing else, appointing your brother as guardian in your will will let the probate and family court judge know your wishes with respect to who will take care of your son after you are gone.

Worcester County Family Law attorneys at Riddle & Associates serve the Central Massachusetts region including the areas of Lunenburg, Leominster, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.

RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Worcester County Family Law Attorneys
344 Summer Street
Fitchburg, Massachusetts