A document that states who gets custody of our son in the case in which something were to happen to my husband and I? We want something that is rock solid. We were going to just write it out and sign with witnesses but I just don't want there to be any loop holes. We are located and Texas, and if there is a document for this where would we be able to get one?
2007-12-29 16:15:56 · 6 answers · asked by Kanon'sMomma 2 in Politics & Government ➔ Law & Ethics
You will need a will. I strongly suggest you hire an attorney. If you make one mistake, or you use a form that does not comply with Texas law, you could cause your loved ones a great deal of frustration and expense. Many attorneys will prepare a simple will for a very reasonable fee. Sometimes, the fee charged is not too much more than the do-it-yourself kits.
Since you're worried about loopholes, here is some practical advice. In naming a guardian for your children, consider all the possibilities and make sure that you name at least one successor to your first choice, just in case the first choice declines or is unable to serve. If you name a married couple as guardians, give consideration to what would happen if that couple got a divorce. Make sure that's in the will.
Further, don't pick someone as guardian just because they are good with money. You can always name that person to act as trustee of the funds your child would receive. Instead, when thinking of a guardian, consider who would look out for the emotional and physical well-being of your child and let that guide your decision. Don't allow a court to make that decision for you.
Depending on your own personal circumstances, there may be other important considerations. Keep in mind that a good estate attorney will discuss these considerations with you. A do-it-yourself will kit may or may not. Don't take that risk.
2007-12-29 18:04:35 · answer #1 · answered by ron_mexico 7 · 0⤊ 0⤋
A will AND a living will (in case you are in a coma, incapacitated, etc.)
This is important because of the potential money involved and/or if there are other siblings things could get nasty regarding custody issues. You may not think it is an issue but you never know.
I'm legal guardian (also in Texas) of my three nieces (yikes) in case something happens to my sister and brother in-law. They wanted to be sure things were 'set in stone' in case something happens.
Call a lawyer, it isn't that much and well worth it.
Happy New Year!
2007-12-30 00:27:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, its called a Will. You should have an estate law atty draw one up for you, don't use those forms you can get online. If you screw it up and someone contests it, you won't be around to explain what you meant. An atty can do a basic will pretty inexpensively, and its worth the peace of mind knowing your child will go to the people you want.
2007-12-30 00:28:14 · answer #3 · answered by ajsnskool 5 · 0⤊ 0⤋
What you are talking about is called a "will".
You can buy State-specific will kits at any office supply store, or a lawyer will draw one up for you for anything from about $100 up depending on how complex it is.
Richard
2007-12-30 00:27:11 · answer #4 · answered by rickinnocal 7 · 0⤊ 0⤋
Im sure there is somethng for that. You would have to ask child welfare/adoption agency for more details.
I think what happens is that you should have several people who you think you trust and they agree will take care of your child should anyhting happen to the both of you. The adption/welfare people will want family members first like uncles aunts etc as first choice, then family friends. Talk to a lawyer on this one.
2007-12-30 00:22:43 · answer #5 · answered by Karl L 3 · 0⤊ 2⤋
a wil . i suppose contact a lawyer group or try the yahoo chat room for this that will help
2007-12-30 00:20:04 · answer #6 · answered by right on 1 · 0⤊ 0⤋