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by RustyShackleford on August 28th, 2009
You can put whatever you want in your will, and nobody can stop you, but I assume you're asking if such a provision in a will would be binding.
But to answer your question, yes, in your will, you can nominate someone to become the designated guardian of your minor children, and this will be given considerable weight by the court.
Of course, when a court is deciding child custody matters, it will always consider the best interests of the child first. I have no idea what your personal situation is, but if a court decides that the children would be better off with their grandparents (and the grandparents are seeking custody of them), the court could conceivably ignore the will, and grant custody to the grandparents. However, if it is convinced that your brother and his wife would be good guardians, it will probably defer to your wishes.
This should go without saying, but make sure you discuss this with your brother and his wife, to ensure that they're willing and able to take custody of your children in case something happens to you.
Here is some basic information on estate planning, and some things you should think about when making an estate plan: http://www.legalmatch.com/law-library/article/estate-planning.html
How Italian inheritance law works? My father is Italian and dnt want to leave me 1euro after his death because he divorced from my mother
by Italian_Sailor on June 1st, 2011
| 1 person likes this
My Dads wife of 16 months made him change titles AFTER he made his will(she WASN'T named)Is she entitled to the jointly owned property?
by pammylynn2 on April 10th, 2011
| 1 person likes this
Currently, 2011, do you need to have a small estate affidavit notarized in Illinois? I think this may have been a recent change.
by vsmyth on May 26th, 2011
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My mom left me her home and all the furnishings in her home except things specifically noted elsewhere in her will. what does that mean?
by ldm07 on March 4th, 2011
| 1 person likes this
I am in spouse's will to inherit property. Property owner is 103 and outlived spouse. Nephew said he is POA and has new will What are right
by Anonymous on March 23rd, 2011
| 1 person likes this
You're reading Can I leave a will stating that I want my two children to go to my brother and his wife if something happens to me? I don't want my children to go to either of the grandparents and their dad is not in the picture at all.
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