J.S.
We just set up a will stating this. Cost $700 but sets it up as a trust as well as a will for each of us, healthcare proxy and a power of attorney for each of us.
I can't help but think of what would happen to my child if something should (heaven forbid) happen to my husband & I before he reaches adulthood. Do you know where I can get a free form online that I can print and fill out that will be a legal document of who I would want my child to go to tell adulthood?
Thanks for the responses they have helped me out and has put me in the direction to get started.
We just set up a will stating this. Cost $700 but sets it up as a trust as well as a will for each of us, healthcare proxy and a power of attorney for each of us.
I am the daughter of a lawyer that specializes in wills and family matters. The truth is that the judge doesn't want to decide who your kids go to, s/he is REALLY hoping that you have done virtually anything to let someone you know who you want. The easiest way we found was to write a letter to all the potential guardians stating the order we want them considered in and each set of grandparents. (you don't want to surprise anyone with this honor especially after the blow of losing both of you! The faster the kids get settled the better.) Also I suggest a list because you don't know if whoever is number 1 on the list is going to say "no" after the fact. better to be on the safe side.
Google Free Wills. I have seen them. They are simple wills. You will need to have it notarized and filed. Let whomever you choose to have custody of your son know about your wishes and where the will and all documents are filed. If you own a home and other assets you will need a more complex will.
In Texas you can hand write what you want done concerning your child and sign it. That is legal. But it is best to have a will, and then also talk to family and let them know what your decision is.
You can get a legal inexpensive will done at http://www.uslegalforms.com/. They start at $20. The site is recommended by Dave Ramsey.
What a lawyer told me is that the best way to ensure that your child goes to the guardian of your choice is to talk with and get agreement with all of your family members, or even friends, about your decision. No matter what you put in writing, anyone who has "an interest in" the well-being of your child can take legal action to gain guardianship after your death. A judge will decide in the end who becomes guardian.
Here is a resource:http://www.ehow.com/how_14614_arrange-guardianship-childr...
I think there is a site called legalzoom.com.
You need a will, and will need to have it notarized to be legal.
You want to have a will drawn up by an attorney. This will protect your son, any inheritance, and your desires for guardianship. Most especially if the designated guardian you desire is not family; otherwise, family might decide to go for guardianship.
I've never heard of a form online for this. Will be interested if there is one.
Going to an attorney and visiting with them about your concerns is a good start.
We were asked by a family that we were friends with to take their kids if something happened to them. We talked about it and decided to say yes. They had 7 children...they has life insurance set up to cover the cost of the children until they reached the age of 18. Then there was savings to help with college.
Only an attorney can keep up with the legalities of guardianship. Family members could possibly contest any documents that are not legally binding and a part of court records. We signed papers and they were filed somehow with the court house I think. The papers detailed every contingency in case the will/guardianship was fought by anyone. If we had had the need of raising these children we could have done so with every bit of the mom and dads plan. It doesn take some planning and an attorney that does custody, guardianship, wills, and estate planning may be what you need.
There is also a local company called "Pre paid legal" I got it through my work, but they do individuals, too. I did the will/designations and then cancelled it - LOL! BUT they could help you out, too.
We also discussed it with all of our family and friends who we would want to be guardian .