FAQ: Provisions For Children & Survivors

In many cases, a will does contain provisions for minor children. However, a court can overrule these provisions with a specific reason or a justifiable challenge of guardianship from another interested party or family member.

The judge may also find the designated guardian is incompetent or otherwise inappropriate due to character issues. A judge will determine final guardianship, even though the decedent’s wishes are given first consideration.

Joint tenancy with right of survivorship is a legal ownership option that is often used to pass ownership of a home without a will. Just note that joint tenancy can’t replace a will; it will only apply to real property, not other assets. It simply avoids probate for real estate. With this ownership option, the surviving tenant or owner — usually a surviving spouse — becomes the sole owner of the property regardless of what is in a will and outside the probate process. With this type of ownership, the property is not part of the decedent’s estate and not subject to the probate process.