Wills/Children/etcFollow

I love how that reads. You used to be young and stupid, now you are just not-so-young, but still stupid.

Heart Nexa.

I'm glad it reads that way, since it was my intention. I have a birthday coming up.

Nexa

That sounds like it's best. I think most folks assume that the wife's mother would be the obvious choice to care for any orphaned grandchildren, but in the end it's your decision, and your husband's.

You can't even guess what I just posted about.

I'm only posting to pharm, since I have nothing to leave to my kids, unless you count MMORPG accounts and lots of Snoopy stuff.


pharm

Too late.

Also, make sure that you specify in your bank accounts and such that you want all your money to pass to your husband in the event of your death. Most people assume that this is automatic when you share an account, and it's not. You need to specify it.

This is right up my alley Nexa! Do lots of estate planning/trusts and such.

Wills are the normal written documents a person uses to distribute their estate and appoint guardians in the event of his death. Wills are probated and that is through the court system. There are also trusts and if the trusts are drafted correctly and funded appropriately, probate is avoided. Most people go that route nowadays.

Your will would appoint a guardian for your daughter. You would need to appoint a guardian for the person and estate of your daughter (someone to care for your daughter physically and someone to look after the money). It's usually the same person. Guardianships are done through the court as well. If you and your husband do a trust, you could set up a trust for your daughter and the guardianship for the person of your daughter would be dealt with in court and her estate would be handled by the trustee of your trust.

The choice of a guardian is really personal. And you have to look at the how and where your daughter would be raised if neither you nor your husband is around.

Don't put this off. Until you get to a lawyer, you and your husband could just write your wishes on paper and sign it. Just say:

I intend that this document is my will and I revoke any other wills I may have previously made. I am married to ____________ and I have one child, ______________________.

I leave everything to my spouse and in the event my spouse does not survive me, I leave everything to my daughter Hannah. I appoint my spouse as my executor of my estate with full powers of such appointment.

I appoint ______________ as the guardian of the person and estate of my daughter in the event that she is still a minor.

Sign and date it and keep it in a safe place. Make a couple of copies and leave it with whoever is going to be your guardian and let them know where the original is.

Most people assume that their respective families would never fight over the guardianship and custody of the children, but I've seen some very nasty guardianship fights. The children have to go through the trauma of a guardianship court fight while dealing with the emotional loss of losing their parents.

Now, get yourself to a lawyer.

I'm going to start calling lawyers and telling them that "Thumbelyna from the Asylum told me I need a will", hehe.

I'm going to write all that out on post-it notes, laid out in a large square, so that when I do meet with the lawyer, they'll have to put it together like a puzzle. I know they charge by the hour, but I think it would be worth it.

Nexa

Edit: Evidently I'm even too stupid to spell "it" correctly.

Edited, Thu Jan 26 15:08:13 2006 by Nexa

Well duh. I think some sort of community service will be required as well. In the end, I think the good deeds they have done will make them feel better when the find out I was only worth $13.23, some old barbies, and some Boyd's Bears.

Nexa

Yup, because if you want anything attached to your will for your children to cherish as their last memory of you it's this this thread!

Oh, I forgot:

Disclaimer: The postings in this thread should not be construed as legal advice nor take as such. You are strongly advised to seek the advice of an attorney of your own choosing. The hereinamed poster hereby disclaims any responsibility or liability relating to the topic at hand.

Mom!?