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Preparing Your Own Will

Authored By: Alaska Legal Services - Anchorage LSC Funded

The Contents of Your Will: If You Have Minor Children

If You Have Minor Children

Authored By: Alaska Legal Services - Anchorage LSC Funded
Contents
Preparing Your Will Preparing Your Will

Preparing Your Will

Preparing Your Will

An Additional Section if you have Minor Children

If you have a minor child, it is very important that you nominate an adult to be "legal guardian" in the event that you and the child’s other parent have both died. You will need to add a section to your will for this, in addition to the 9 sections mentioned above.

Nominating a Guardian for a Minor Child

You and the other parent should discuss this matter and agree who should be the person to raise your child if something should happen to both of you. Before nominating someone as guardian, you should have a candid discussion with that person to be sure that they are willing and able to serve. In deciding who to name, consider such matters as your child’s needs, your cultural background, family traditions, the presence of extended family, and the financial resources available to assist the child.

IMPORTANT NOTE:  By nominating a guardian for your child, you cannot strip the other parent of his or her parental rights. This is particularly important to remember in divorced households. The surviving parent has priority over the nominated guardian unless it can be proven that the surviving parent is unable, unwilling, or unfit to care for the child. Alaska has a very strong preference in keeping children with a biological parent.

Example:

If I should die and my husband is not available to serve as the guardian of my minor children, I nominate (insert name) of (insert address) as the legal guardian of my children.  If she is not available to serve in such capacity, I nominate * of * as the alternate legal guardian of my children.