We went to a solicitor today to make our wills as we're expecting our first baby next month. My mother had already offered to be guardian to any children we have in case we both died and we're quite happy with this (had been thinking about DH's cousins but plumper for Mum in the end.)
Solicitor said it's common to have separate executors to guardian to a) split the responsibilities up and b) protect the money for children should the guardian turn out to want it for themselves. We're not worried about my mum doing the latter but thought a) was reasonable and fair. We've asked my brother (a solicitor) and DH's father to be executors.
Spoke to my mum tonight and she's 'confused and upset' and doesn't see how she can be guardian if she doesn't have access to the money.
Have pointed out that she WILL have access, through the executors, and that the situation is not meant to cause any offence! She is worried that if the executors chose to, for instance, lock cash away in an investment, she wouldn't be able to get to it to pay for something for the children. We have chosen my brother and DH's dad in part obviously because we trust them not to make any decisions that might compromise the children!
Am I missing something here? Is she right that it would be impossible for her to be guardian without also being an executor? The solicitor we saw made it sound totally normal and sensible but now she's got me worried.
Thank you for any advice!
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Guardians/Executors
12 replies
Pippaandpolly · 23/08/2011 22:44
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