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A court is not required to follow the provisions regarding guardianship set forth in a will. Especially if there is a biological parent who might object or other persons who might object that the named guardian would not be the best placement for the child. The guardian will ultimately need to be approved and appointed by the court in order for it to be legal.

However, it is always a good idea to name a guardian in a will if there are minor children. The court may well approve a grandmother as legal guardian.

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โˆ™ 2011-08-14 19:46:44
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Q: If the mother dies and the grandmother is named in the will as guardian will the child be able to stay with her?
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