Guardianship in Case of Death

Updated on August 10, 2007
J.H. asks from Rochester, MI
12 answers

I have two children and my husband and I want to make sure they are in good care if something were to happen to us. Does anyone know what you have to do to appointment someone guardian in case of our death? His brother already agreed to take in the children if something was to happen, I just want it all in writing just in case

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So What Happened?

We are going in two weeks to have a living will drawn up by a lawyer. We are going to take the next two weeks to discuss what we want in length and we are gettinga third life insurance policy, except this time instead of a whole policy we are getting a twenty year term with our brother as the beneficiary so that we can make sure he has extra money to buy anything he initially needs and then we are making a small list of some of the things we want bought with the whole policy that are kids are the beneficiary of.

THANKS FOR ALL THE ADVICE

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M.

answers from Detroit on

My husband and I just went through this we used just a basic program from the computer called business home lawyer. it will take you step by step doing a will of guardianship you will have to sign it, they will have to sign it and you will need a witness to sign it as well as to have it notarized. It was simple quick and is legally binding. Good luck

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E.L.

answers from Benton Harbor on

the best thing to do in this case is see a lawyer and have papers drawn up that makes your brother in law sole guardian of the kids. I found this out by asking questions in case something happened to me or my ex husband when we were going through our divorce.

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M.M.

answers from Saginaw on

U have to get a living will. so basically u have to get a lawyer. trust me....my father died a few yrs ago & without a will your family will go through a hurricane. even without children. So for anyone who is reading this....MAKE SURE U GET A WILL!!!! u r never too young to have one.

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T.F.

answers from Detroit on

I told another lady to check suzeorman.com she's usually got good info on financial, wills and other stuff.

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K.F.

answers from Grand Rapids on

My best advice is to write a living will and make sure that the people that you want to have guardianship of your children have a copy of that will in their posession.

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J.F.

answers from Kalamazoo on

Hi J.,

I am a mom of a 9 month old and a 3 year old. My husband and I talked to a financial planner a couple of years ago and they told us you have to get what's called a "living will". Many people believe that if they make a "will" stating your intentions if you and your husband pass, who you want your child to go to, etc. This isn't the case. With a will, your kids still go to probate court and your siblings, friends, grandparents, etc. can all fight for custody and the judge will decide who is fit to have them, not you. A living will is the only way to ensure who gets them. You can also state how you want them raised and if money is left to them, how they are to spend that money throughout their lives. I think financial planners and attorneys are the ones that can help you get this done.

I hope this helps! Good for you to think of this and plan your children's future, in case you're not there to do it.
J. F.

L.S.

answers from Grand Rapids on

Hey J.,

You need to have a Will made saying what you want done with your children and any property or assets you have. Although you might want to tel your family members that is what your plan is as anyone can contest a Will. It is somewhat hard for them unless they could proved the person you left your kids to as unfit.

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K.D.

answers from Detroit on

You need a will to make it legal so no one can fight over what your wishes are. There are sites on the internet that offer will packages, you fill them out than get a lawyer to file it.

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S.P.

answers from Detroit on

You need to make it legal so nothing gets held up in the courts, My hubby and I wote a living will and had it authorized by a lawyer.

N.W.

answers from Detroit on

You can have guardianship papers drawn up by an attorney for a small fee. We had ours added to our will/estate/trust paperwork right after my son was born. It is a fairly simply document and will name the guardian, anything else you will in care for your children, etc. (for example we named by parents and made my father executor of our estate. Everything is left to our son, in trust, for my parents to use as necessary) You can specify if you want money used for certain things, i.e. college, etc. You should also name a contingent guardian, just in case.

I would actually contact your local court and ask if they have the paperwork. You may be able to simply fill out a form and have it notarized. Make sure your guardian has a copy!

Most law firms would perform this servce for a small fee (probably less than 200$).

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A.M.

answers from Grand Rapids on

Hi J. - My husband is an attorney - you'll need to hire one to help you with this. It's an easy process and I'm so glad you're taking this step! So many people don't!

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M.

answers from Detroit on

My husband and I just went through this we used just a basic program from the computer called business home lawyer. it will take you step by step doing a will of guardianship you will have to sign it, they will have to sign it and you will need a witness to sign it as well as to have it notarized. It was simple quick and is legally binding. Good luck

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