How does my friend go about making it legal so if something happens to him (because he is sick) I will get custody of his son? How do we make it legal or what do we need to do?
2007-03-23 11:10:22 · 3 answers · asked by Mom of Maddox 4 in Politics & Government ➔ Law & Ethics
okay so doing a will does that require legal help with fees and such? Yes there are people that would try to fight ie his sisters, parents and possibly the birth mother although she has no rights to him. What place do we do take care of this?
2007-03-23 11:29:02 · update #1
First you answer the question of what the child's mother wants. Assuming she is not in the picture; the father should at least prepare a will providing a testamentary trust for the benefit of the child and nominate you as guardian of the child. (Note: this is not necessarily binding on the court) He may also nominate you as Trustee, possibly with an institutional co-trustee. He also must review his life insurance to designate the trust as beneficiary. Such instruments should be carefully drawn or I guarantee you will be sorry. He should see a lawyer.
2007-03-23 11:28:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
This stipulation would be contained in his will. Make sure that his will is current and legal, i.e., notarized or recorded or whatever your county/state requires to validate a will. He may also wish to draw up a living will which states that if he becomes too sick to care for the child, you are to be given guardianship. This will further ensure you a legal place in the care of the child.
2007-03-23 11:19:41 · answer #2 · answered by Venice Girl 6 · 0⤊ 0⤋
Yes, make sure he has a will, and are there any other family members who would try to fight for custody, they would have to be excluded out of his will, seek legal rep!
2007-03-23 11:23:47 · answer #3 · answered by ? 3 · 0⤊ 0⤋