28 answers

I Am an Ill Single Mother of a 6 Year Old... What Happens to My Son When I Die?

I want my mother and my Aunt to be my sons Guardian in the event of my passing. I have cancer and other compounded problems. I have no idea what to do. His father abandoned me when i was 2 months pregnant and i have not seen or heard from him since. What are my options? My son can not just go into a foster home when i have family who is able and willing to take care of him. i want to make sure that my son is secure with my family, but don't know what i need to get them guardianship. His father is not on the birth certificate or anything. This is very complicated, but what do i do. Please help!!! I need to know what to do next and i am running out of time. Thank you

What can I do next?

More Answers

You need to contact an attorney and have a will drawn up. In the will state that your mom or your aunt (chose 1) is to be the legall guidian of your son in the event of your passing. You will also want to leave property and cash to that person to help finacially with raising your son. I am sorry that you are having to go through such thoughts- I can't imagine that pain. But remember that God makes miracles happen if yu ask and believe.
God bless you and your son.

2 moms found this helpful

I don't have any advice. I just want you to know I am praying for you.

2 moms found this helpful

I'm sorry to read your post :( My husband and I just got our living wills done about 2 weeks ago. We too thought who would get our kids if something happened. My parents are still alive but we chose my brother and sister in law. However, even if my brother and his wife divorce, my brother will still get the kids if something happens. We also did our last will. Please get this done soon. Hopefully all will go well and you will beat cancer and be around for your son.

2 moms found this helpful

S. - I'm SO sorry for this predicament that you are in! You must be distraught.

Is it possible for you to call the Broward County Bar Association and see if they have a lawyer referral service? Here is a link: http://www.browardbar.org/index.php (look under "Public Resources"). Many times attorneys on their roster will do initial consultations for a very inexpensive rate. Perhaps you could get some ideas and further guidance on how to legally protect your child in the event of your passing (which hopefully won't happen).

Good luck - I am praying for you.

2 moms found this helpful

My heart goes out to you, I can only imagine what you must be going through. I believe that because of your condition, you can have your mother and aunt become his legal guardians even while you are still alive. I suggest you consult an attorney, or even your local department of childrens services should be able to answer your questions and advise you in this regard. Good luck to you, and remember that there is no earthly sorrow or pain that God cannot heal, and prayer really does change things.

2 moms found this helpful

I am very sorry for your situation but I know the answer to this one as I did it myself due to my daughter's health problems and her father's inability to care for her in the even of my death or incapacitation. Contact an attorney or a legal assistant and have them draw up a form establishing your mother or aunt as your child's "pre need guardian". It is a very simple piece of paper and just states that your wishes are to have them be the guardian of your child in the event of your death. It gets notarized and you just have them hold on to it until it is needed. When it is necessary all they need to do is take it to the courts and show that they were named as guardian of your child and unless the father shows up and tries to fight it (he'd have to have a pretty good attorney at this point) the courts will confirm it and draw up the legal documents. Good luck and God Bless.
T.

2 moms found this helpful

I am so sorry that you are going through this, but this is what I know...In the event that a mother passes away, the child(ren) automatically go to the next of kin. If the father were on the birth certificate and involved in his life, the child would go to the father. But, in your situation, it seems the next of kin would be your Mother. If you do want both, your Mom and Aunt to be guardian then you should indicate that in a will. I had gone to a lawyer to have my will drawn up and she explained it to me that way. I think I paid 250.00. I have no family and needed to appoint a friend so I wanted advice and a to have a professional do it. Your son will not go into foster care, so don't worry about that. The state does what is easy and best for the child. If your Mom and aunt are there to accept your son, then it will not be complicated. To make yourself feel better, write a will, even a do-it-yourself one will work. God Bless you and your family.

2 moms found this helpful

This is actually very simple...:) Write a will! You do not need a lawyer even to do this. There are a lot of do-it-yourself wills out there and they are quite easy to do. You will need two witnesses that are not benefactors of the will--and to have it made official it must be notarized..(easy--banks do this for about $10)

Since there will be no custody battles with the father, you just appoint whom will have guardianship...This does not have to be complicated.

Or you can go down to legal aide if money is an issue and see if a paralegal would write one up for you. You do not need a lawyer for this! A paralegal can write this up and for a quarter of the cost...:)

1 mom found this helpful

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