How to I declare a guardian for my kids in case both my husband and I die?

Question

My husband and I have not made a will just yet since we don't have any real assets or such. Currently we are renting, have no debt, no investments, no accounts other than a standard checking and savings, everything we own we have right here with us. We've already decided who it should be.

My question is there a way we can LEGALLY declare who will be the guardian of our children in case we should both die WITHOUT a will? Or can i ONLY declare guardianship for my children in a will? We know we should write a will, we just want to know is there a legal way to declare guardianship in the mean time?
(sorry so redundant)

UPDATE: I was searching info about this online and now i'm wondering...if you can have a Last Will drawn up online and then have it mailed to you only to be notarized and signed by 3 witnesses why can't i draw up a statement stating who my childrens guardian will be if we both die have that notarized and have 3 witnesses sign it? i read that a notarized statemnt wouldn't be valid...Why not?

Answer 1

First of all, go to the Office Store, and pick up a copy of the Legal Software (or papers) so that you can format and WRITE your own will (and yes, DO WRITE THE WILL ... you need to!).

Then, if you are on a budget, you can get documents NOTARIZED (Witnessed) at your local bank -- the one where you have your checking and/or savings accounts. Most banking institutions provide this as either a FREE or Low Cost Service (and I used them for Notarizing all my own children's school permission papers and scouting activity papers (for instance)).

The WILL has a specific section for DESIGNATING not just the Guardian (in case something happens), but also for the FINANCIAL Guardian of the Children (in case you have any benefits if something happens for the children as well -- which can include Social Security Survivor's Benefits).

Also ... depending on where you are working ... some of the larger employers have a benefits package that includes in-house services for drawing up wills, and other typical legal papers.

Answer 2

after I drew up my will, jointly with a residing will, I used a application stated as Willmaker 7. To make any will legally binding, you ought to have it notorized and witnessed. besides the undeniable fact that, maximum courts will usually no longer flow hostile for your needs (regardless of the truth that if no longer notorized and witnessed) until eventually there is crucial evidence that your options are literally not contained in the perfect activity of your babies or if there is evidence of different such issues as coercion (sp?). you are able to as properly write your will out on paper. only make certain that there are human beings attentive to its existence. i could also propose discussing your options along with your family members and friends -- no longer only those you pick as guardians. there'll be a lot less threat of arguement contained in the shape of your deaths if easily everyone knows your judgements and why you made the options you probably did. On an aspect note, regardless of none sources and such, you ought to really evaluate coming up a residing will contained in the shape that both of you ought to abruptly develop into incapable of creating any judgements on your human being. i'm particular all of us will save in ideas Terry Schivo. If she had had a residing will, truly some the talk and heartache could were prevented -- regardless of the truth that if at a minimum.

Answer 3

Write out a will. and get it notorized
Make sure to have secondary people on there just in case something were to happen to them -

Answer 4

You must do it with a will especial if both sets of grandparents are living.