Murphy's Law rules. Unforeseen contingencies will occur. In last week's Elder Law FAX , a Scottish national had created a testamentary trust for his surviving spouse and, upon her death, for their surviving daughter. Let's try to answer the second question first. The issue of making financial arrangements for adult disabled children after the death of the parents commonly arises.
Parents are more likely to fret about the choice of a guardian for their children.
The parents of 12 year-old Jenna Slaughter faced this question before they died. Jenna's mother died on December 25, 1995. Her father died on July 23, 1998. The day before he died, he executed a codicil to his will naming his brother Rasul Raheem and Rasul's wife Antoinette as Jenna's guardians. Parents' testamentary wishes should be followed unless there is a very good reason not to.