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Basic Will Question - Designating Guardian for Children?

On October 14, 2009 / By Estate Planning Help / In Estate-Planning-Wills

I am filling out a standard Nolo will form from a book called "The busy family’s guide to estate planning."

Wording of the section in question is as follows: If at my death a guardian is needed to care for my children, I nominate ??? as the guardian of the persons of my children. If she is unable or unwilling to serve, I nominate the persons listed below, in the order listed, to serve as guardian:

Here is my question - does this section only apply if both me and my spouse/children’s father die? Do I need to include his name here or is it assumed this section is only applicable if both of us die?

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