Child Custody in case of death

[Sissyjane]

What is the name of your state?WV

DH and I want to have something drawn up to say who gets our kids in case we die. I was told that all we had to do was type up a letter and have it notarized. Is that true? What should the letter say? Who all should sign? I'm so worried that if something were to happen to me my mom would get my kids. I DON'T want that to happen. PLEASE HELP! THANKS!

 

[USMOM]

Will

Do you have a will? The problem with just typing up a letter is that it is not registered and there is no one to defend it's validity once you are gone. Make a will. There are many low cost options to do that. This way you can also make financial provisions as well. I assume that you have someone in mind to take your children. Don't place that person in a situation where they would have to go through an expensive legal battle to keep your wishes.

 

[Sissyjane]

No, we don't have a will. We have talked about it and we want my brother to have our kids. I met my boi-father 3 months ago and we are all worried that if something isn't in writting my mom will end up with my kids and I know in my heart she will not let my dad see them. Should we pay a lawyer or can we do one of the online wills? I really know nothing about this kind of stuff and I really appreciate your advice. Thanks again!

 

[USMOM]

You need to check to see that the online wills are valid in your state. They are in most. If you do it online, make sure that several people have copies. Good luck.

 

[rmet4nzkx]

USMOM,
Please cite the law or case law for WV. If you don't know the law, wait for someone to answer who does or takes the time to answer appropriately.
Please don't guess.

 

[BelizeBreeze]

What is the name of your state?WV

DH and I want to have something drawn up to say who gets our kids in case we die. I was told that all we had to do was type up a letter and have it notarized. Is that true? What should the letter say? Who all should sign? I'm so worried that if something were to happen to me my mom would get my kids. I DON'T want that to happen. PLEASE HELP! THANKS!

Contray to the erroneous information that you have been given, any will that stipulates an illegal transfer or stipulation on it's face is invalid.

You cannot "WILL" children since a human being is not property. The ONLY provision you can make in a will regarding your children is for financial trusts and/or financial guardianship of that trust.

If you die the courts will decide where the children go. Therefore, it is important for you to execute what is called a 'standby guardianship' agreement with the party(ies) you wish to have the children, present it to the court and have it approved as to form and legality. Once you do this, if the two of you die, become incapacitated or otherwise not able to function in the parental role, the standby guardian is automatically activated until such time as you are able to resume your parental role.

ANY other provision without the court's approval, including a will, is invalid on it's face.

 

[Sunshinejj]

Hello

Sissyjane

BelizeBreeze
Senior Member Is Correct, Please consult a lawyer,or even a legal paralegal for information, even go to your public Libary, look under legal guardianship law...

They may even have Personal Legal Guardianship forms for you right their. Some book stores like Hastings has Legal Packages,Office Max...

Check in to everything possible before you do or sign anything.

Sunshinejj

What is the name of your state?WV

DH and I want to have something drawn up to say who gets our kids in case we die. I was told that all we had to do was type up a letter and have it notarized. Is that true? What should the letter say? Who all should sign? I'm so worried that if something were to happen to me my mom would get my kids. I DON'T want that to happen. PLEASE HELP! THANKS!

 

[Sissyjane]

Thank you all so much! DH and I have been talking and we are going to have this taken care of ASAP. My brother and his wife stopped by today and we talked about it again. He has no problem with it and I know my kids will have a good loving home if something were to happen to us.