Like a Last Will and Testament, a Living Trust can provide the court with a suggestion as to whom the Grantors would recommend as guardian for minor children.
Standard Legal’s Living Trust legal forms software and documents allow the Grantors to make such a suggestion.
But it is the court that has the ultimate authority for determining who will act as the guardian for a child, based upon the “best interest of the child.”
The Living Trust documents also can create a system or process where property or money is used for the benefit of any minor children, or to create funds for educational or other purposes.
But, in the end, the designation within a Trust cannot guarantee any specific guardianship recommendations, although in many cases the recommendation of the Trust is followed by the court.