Why must You Name a Guardian in Your Will !
Top 10 Considerations When Naming a Guardian in Your Will
by Michelle Fabio, Esq., April 2011
If you have a child under the age of 18, you need a will that names a legal guardian or guardians in the event of your and the other parent's death. If you don't name a legal guardian before you die, the court will choose who will care for your children, with no input from you—and don't assume that the court will automatically grant custody to aunts, uncles, or even grandparents of the child.
Make no mistake: without specifying a legal guardian for your child in a will, you are leaving this immensely important decision up to strangers.