11/29/12, 9:09 pm
My husband and I can't agree on a good guardian for our daughter in case that something would happen to the both of us.. So I was wondering what happens if both parents die at the same time (for example in a car accident) and their wills say differently about who should take care of the child?
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United States   |   Colorado  |  Wills Law
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Diedre Braverman Says:

Dec 07,2012 12:09 PM

Technically, whoever died last would have the controlling will. But when it comes to questions of child care, the court has the latitude to appoint whoever is in the child's best interests. That means you and your husband could be setting up a legal battle that will rage for months or years while your children live in foster care, waiting. I encourage you to sit down with an attorney who is experienced in counseling parents of minor children. Perhaps my guide, Parents Guide to Protecting Great Kids would help. I'd be happy to email it to you if you let me know at There are all kinds of ways to share the work of raising children among different members of the family.

Advice provided on the web is general in nature and should not be relied upon without consultation that includes exploration of the questioner's specific circumstances and goals.

Diedre Braverman
Braverman Law Group, LLC
1823 Folsom Street,Boulder, CO 80302

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