Wills and Guardianship?

Question

My husband and I have decided we would like my aunt to have guardianship of our children shoudl anythign happen to us. The problem is that the lawyer we intend to see about this is an hour away and I'm not sure with his job how soon we can get out there. I'm hoping to be able to at least call and schedule an appointment bext month. But it never fails that something comes up that we have to delay things!
My husband is afraid they will be sent to his parents, and neither of us want for our children what he and his brother had growing up! My parents are pretty much out of the question as well for other reasons. There are other family members that we would be OK with but really we think my aunt is the best option open to us.
My question is, is there anything we can do NOW to ease our minds that if something should happen before we get there that they are sent to the person we have chosen?

next WEEK is when I intend to call, but I suppose that IS next month already...

We live in Florida.

Yes, we have discussed it with my aunt and she is willing

Answer 1

A holographic will is a will and testament that has been entirely handwritten and signed by the testator. Normally, a will must be signed by witnesses attesting to the validity of the testator's signature and intent, but in many jurisdictions, unwitnessed holographic wills are treated as valid as witnessed wills and need only to meet minimal requirements in order to be probated:

There must be evidence that the testator actually created the will, which can be proved through the use of witnesses, handwriting experts, or other methods.
The testator must have had the intellectual capacity to write the will, although there is a presumption that a testator had such capacity unless there is evidence to the contrary.
The testator must be expressing a wish to direct the distribution of his estate to beneficiaries.
Holographic wills are common and are often created in emergency situations, such as when the testator is alone, trapped and near death. Jurisdictions that do not generally recognize unwitnessed holographic wills will accordingly grant exceptions to members of the armed services who are involved in armed conflicts and sailors at sea, though in both cases, the validity of the holographic will expires at a certain time after it is drafted.

Holographic wills often show that the requirements for making a valid will are minimal. The Guinness Book of World Records lists the shortest will in the world as "All to wife", which clearly meets the minimum requirements. In the Canadian province of Saskatchewan, there was a famous case where a farmer trapped under his own tractor scratched a will into the fender. The fender was probated and is currently on display at the law library at the University of Saskatchewan.

In the United States, unwitnessed holographic wills are valid in around 30 out of the 50 states. Jurisdictions that do not themselves recognize such holographic wills may nonetheless accept them under a "foreign wills act" if it was drafted in another jurisdiction in which it would be valid.

In the United Kingdom, unwitnessed holographic wills are valid in Scotland, but not in England and Wales.

Holographic wills need not be signed, when subscription to the writing appearing on the last page of such sheet is "your loving mother", or words to the effect which designates the family or personal relationship, if it is a material consideration, the signature is sufficient.

Answer 2

Sit down and hand write out your own rough copy of what you want to say. Sign it, date it, and make a couple of file copies. At least it will be in writing somewhere, and in your own handwriting, should something happen to you before you get to the attorney. But, I urge you to get to him as soon as you possibly can if you have such concerns about where your kids might end up.

Answer 3

first of all have you asked the aunt if she would be willing to take them if something were to happen to you two? If so then while you are waiting to go to the lawyer (which i highly recommend you do) write up a paper and have it notarized stating your intent.

Answer 4

You can draft something up handwritten at home for now so they will know your intent and have you and your husband sign it. Once the new document is executed, go ahead and destroy your temporary handwritten document. You should also talk this over with your aunt and tell her where you have placed the temporary document.

Answer 5

do you plan on dieing right away? chill out, do it when you can. you can buy wills on the net.