3rd Trimester

? re: will/guardianship

Sorry for the totally morbid subject.  SO and I were at dinner last night and randomly were talking about what would happen to LO if something ever happened to both of us.  We agreed immediately my parents would get sole custody.

How does one go about making this legal?  SO's mother would fight to the death if it was not in writing to have custody and neither of us want that.  At all.

Obviously the odds of it actually happening are slim but I'd like to settle it for peace of mind.  Any advice?  TIA

-Debbie Downer (wuh wahhhh)

Re: ? re: will/guardianship

  • I would talk to an attorney and have a will drawn up.  Those are generally more legally sound than templates you can find on the internet. 

    You can contact your state bar association for attorney recommendations. 

    Good luck!

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  • The best thing to do is put some basic trust and estate planning in place, incuding a will, which will lay out your wishes. I'm also in the Boston area and can share the name and contact information of the attorney we used. Just PM me if you'd like the info.

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  • imageanneimal98:

    The best thing to do is put some basic trust and estate planning in place, incuding a will, which will lay out your wishes. I'm also in the Boston area and can share the name and contact information of the attorney we used. Just PM me if you'd like the info.

    Same here including the atty rec. :)

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  • We're in the midst of doing this.. thank goodness my dad is a retired attorney so he drew one up for us. Get ahold of a lawyer and for a small fee he will draw up the documents that cover your estate and guardianship.

    Then you have two witnesses (not mentioned in the Will as a beneficiary or guradian) sign it along with a notary (which can be one of the witnesses). 

     

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  • We plan on meeting with an attorney to have all the legal paperwork we need drawn up.  We will name my parents as guardians- but we plan on re-evaluating this since my parents are getting older and my dad does have health issues.  If they can no longer care for our boys we agreed to have my youngest sister- who is now 20- be their guardian.  I have older siblings but I do not think my older sister would love my boys, my next sister has her hands full with 3 kids plus I don't like her parenting style.  Then my brother- well I think he would be great- but I CANNOT STAND his wife- she is trash there is no other word for it. So I don't even want her around my kids now.  Also we will be having my "good" SIL as executor of the trust that we will set up for the boys.  SIL is awesome and I love her lots- she makes a great aunt but is not prepared to become an instant parent. 

    It is always a good idea to state your wishes since once you are gone and have no plans it is left up to the courts and well I want a say where my kids go- plus we have complicated financials- and I want to protect my kids' money.

  • Thanks for the input!  I actually didn't even think of a friend of ours who is an attorney, he may be able to do it for us. 
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