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In ref. to serious post below...do you have a will?

grlmom16grlmom16 member
in Babies: 3 - 6 Months
I read where a lot of you would give custody to your moms, sisters, etc...do you have this legally done somewhere already? If both you and your DH should pass, and you didn't have a will, what happens to LO? I would want my mom to have her, could she just claim her if it wasn't in writing and there wasn't a fight from the other family members? I've been thinking about this a lot lately, but then get busy with life I guess. What do you guys have, if anything? Sorry if this is a dumb question. :)
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Re: In ref. to serious post below...do you have a will?

  • KelzinBostonKelzinBoston
    We are in the process of having it documented officially...but the people who would take the boys do know and we also have it noted on our life insurance policies that the money would go to them.
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  • KoalaBear103KoalaBear103
    I just told dh we need to get one in order
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  • grlmom16grlmom16 member
    Do you have to meet with a lawyer to get this done, or can it be done on legal zoom? I really need to start seriously thinking about this...
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  • tSquared1987tSquared1987
    DH called the lawyer yesterday and we're meeting next week to start doing the paperwork. I definately agree with pp, get a will (even just a basic one) ASAP.
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  • clounsburclounsbur
    If it is not written down in a legal document a judge would grant custody to the first relative who came forward and was legally fit to care for your child. (this is the case in most states) If there are multiple people who want to claim him or her and they are all fit to care for a child than it becomes a messy and expensive custody battle and basically you are leaving this decision to the whim of a judge. Everyone should have this choice legally documented to save your family members a lot of heartache god forbid anything should happen.
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  • hippotreehippotree member

    Not yet Embarrassed

    We need to do it ASAP.

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  • brttny10brttny10 member
    Yes I have had one for a long time, since I was 18. My dad was very into making sure that he had one and that me and my brothers knew about it and what he wanted. When his mom passed away him and his seven other siblings fought over what to do with her stuff and it was a nightmare. He wanted to make sure that me and my brothers did not go through that. I also have a living will. I want to make sure my wishes are followed and that my DS is taken care of properly.
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  • CelticWifeCelticWife member

    We have one done, but we need to update it now that we have DD. My mom got the documents for it, we filled it in, and then we had a notary sign it and several copies. One copy is with my parents, my dad will execute the will and my living will, one is with MIL, who will execute DH's living will, and one copy is with SIL, who would be DS and DD's legal guardian if we die or are incapacitated for any reason. This way it is written down, it is legally binding, and the right people have copies so they don't have to dig around and find them.

    The last thing I would want is for my children to get caught up in some court battle over who gets custody; and those battles can get seriously nasty, even among people who like each other. Plus, my children will know that if something happens to us they will live with their Aunt Nini.

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  • Bailey81Bailey81 member

    Yup. We had wills and a living trust drawn up shortly before he was born. The kiddo goes to college friends if we both pass. A family member will hold the purse strings per our lawyer's advice. You should know that while you can make your wishes known in a will, a judge still has to rule on guardianship. We made sure our family knows our choice and we've included a letter explaining our decision with the legal documents.

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  • grlmom16grlmom16 member
    Do DH and I both need separate wills, or can we have one together?
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  • Bailey81Bailey81 member
    You can make a joint will. There are pros and cons you should research further. If one person dies, the other is bound by the joint will. All property can therefore be tied up until the second person's death.
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  • grlmom16grlmom16 member
    Thanks ladies! So much to think about and now do...
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