Notarizing?

Question

I live in CA and my friend wants to make me the leagal guardian of her son if she dies. We have an "If I die letter" typed up and we we know to get it notarized. If her parents decide to contest this, will the letter stand up in court? or should we skip the notarizing and go strait to a lawer? (The reason she doesn't want her parents to get custody is because they are abusive) Any help would be great.

Answer 1

A lawyer is your best bet. All a Notory can do is place their seal on the document which makes them an official witness to the fact that you both signed the document. A lawyer can help you draw something up that should stand up in court.

Answer 2

In the case of custody of a child, it would be far better to go over this situation with a Lawyer. A notarized letter won't stand up anywhere near as well as a legally binding document that a lawyer can produce. Yeah, it will cost money, but important things often do.

Answer 3

With something as important as the guardianship of her children, it is best to go to a lawyer to be absolutely sure her wishes are followed. Abusive people are often very manipulative people, so having the documents drawn up by a lawyer really is the best way to go. Why take a chance of them finding a way void a notarized letter?

Answer 4

You need to get that letter notarized either way, but yeah, you also need to consult a lawyer. Sorry about that. The groundwork needs to be set up ahead of time of why the grandparents should not have that child, and you need depositions from your friend to do that.

Remember, you are saying "if she dies". It is too late to do it at that point.

-Dio

Answer 5

You should without question go to a lawyer and have a will drawn up. Also bear in mind that your friend's desire to have you get custody of her kid is not just up to her. The court will ultimately decide if the placement is in the best interest of the child.