Should I make a will?

Question

I am wondering if I should make a will, and if so, how do I go about doing that. I am 23 years old, I have a child from a previous marriage, and I am now remarried to a man who has an 11 year old daughter who he shares custody with his exwife. My ex husband (my child's biological father) gave up all rights to my son at the time of the divorce, and I definitely do not want him to get my son if something should happen to me (my ex is mentally unstable and suicidal at times). My current husband plans on adopting my son when we have been married for 6 months. Any advice?

Answer 1

Yes, you should make a will even if all of your assets are held jointly with your husband.

Your ex-husband may have given up rights of visitation, but I cannot be certain that he actually relinquished all rights without actually looking at the documents that have been signed. When your new husband adopts your son, it will become clear whether your ex has voluntarily relinquished his rights.

A will would be necessary to provide for the guardianship of your children in the event of your death. Lawyers think even further ahead -- like what would happen if both you and your husband were killed in a highway accident. Would you want your brother, sister, mother, father, brother-in-law, or any of them, to be guardian of your child or children until they are of legal age?

Even if husband and wife own all property in joint names (tenants by entireties or joint tenants with right of survivorship), it is possible to have property or to acquire property in the future that may pass according to a will.

I want you to do two things: First, have an attorney prepare a will for you; and second, have your husband adopt your child ASAP. Don't wait 6 months. Get working on it now.

Answer 2

If something should happen to you your will won't keep your ex from obtaining custody of your child. Adoption by your new husband (assuming consent by the natural father) will. A will can set up a trust to care for your child so your ex doesn't get his hands on your assets or your child's income or assets from any source. For this reason alone you should make a will.

Answer 3

Firstly, I appreciate the gesture of your current husband and his magnanimity in accepting to adopt your son.Legally he will cease to be the son of your first husband and will lose all claim over his property.More guidance could be given if the country of your residence is given.

PLEASE THINK BEFORE ADOPTION !!.

However, you can make a will in favour of your son , which is more prudent way of tackling the problem.

Answer 4

The site below is the most affordable way to get a Will done. You get one for FREE! Watch the online movie presentation. Hope this helps.

Answer 5

Talk to your family..Make a will in which states what you and the family have agreed upon! If changes need to be made try to keep it updated at least every 5 years. I am glad you have a new wonderful life! Enjoy!

Answer 6

Yeah you might as well. Obviously there arent clear lines drawn in your life and if you did die there would be some drawn out court battles. You dont have to be terribly rich or old to have a will drawn up so contact a lawyer.

Answer 7

Yes you should make out a will, and keep them current, most Family Law Attorneys should be able to help you with this.

Answer 8

it sounds like you should just take steps with the court for your new husband to gain guardianship or adopt your son. although making a will at any any time never hurts.:)

Answer 9

def. make a will. do you really want your ex having ur kid... (scary) if he gave up his rights to have custody then he shouldnt be able to adopt him(should he??).

Answer 10

Yes, make a will !