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Post by elizac on Nov 16, 2011 15:00:57 GMT -6
I was wondering if anyone would know of a form or any legal document needed in order to name those who would take care of your children in case both parents pass away? Wondering whether the state would take the children away if there is no such document even if a family member came forth and offered to take care of the children.
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Post by onlyoneboy on Nov 16, 2011 15:03:12 GMT -6
I'm not sure. I had a will drawn up after DS was born to make sure we were covered. I've heard you can download something from the internet and fill it out yourself. You just need to make sure you have a witness and have it noterized when you sign it.
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Post by bumblebee23 on Nov 16, 2011 16:06:34 GMT -6
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Post by ReneeW on Nov 16, 2011 16:11:36 GMT -6
I would guess that the children would go to the nearest surviving relative. The problem is that if you don't designate who that is, your kids may not go to the people whom you would like to raise them. My DH and I have a will designating the "hierarchy" of people who would take care of our kids in case of our early demises. My sister was designated to take my kids but she moved to London so until she gets back we have somebody else slated to care for them, and then when she moves back the kids will go to her. Hopefully we'll NEVER need to worry about this, but I'd rather my DH and I have it clearly lined out now ... just in case.
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Post by dara1012 on Nov 16, 2011 17:21:00 GMT -6
Ugh....we need to do a will.
We have told everyone that my brother and SIL are the ones who we want to take DS (after asking them of course). We just need it in writing.....
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Post by supermommy on Nov 16, 2011 19:03:21 GMT -6
We don't have one yet either...I am going to check out that Suz orman kit! We designated my bil and his fiancé and they know about it.
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Post by sharon on Nov 16, 2011 19:50:57 GMT -6
This is part of the paperwork we did with our lawyer.
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Post by JazzyMaxie on Nov 16, 2011 20:25:34 GMT -6
I have a notarized document, and that is it. Our dilema is that the next logical choice for Langston's guardian to an outsider would be his biological father. I don't want him with his biological. His biological's wife doesn't want him in her house. And I am sure, that he doesn't really want him there either. I have named my sister to be the proposed guardian, and all of my life insurance policies have her as the beneficiary. So, the bastard can't try to get ahold of Langston and my money!
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Post by outdoorsmommy on Nov 17, 2011 7:11:59 GMT -6
We found a will off the internet that we downloaded, we did this after our DS was born it names who would take him in case of anything. We then had them notarized by TWO separate people. Two is the key word because if it is only notarized by one person it is not valid. This is what happened in my grandfather's death, his will was only notarized by one person and would not hold up so it was a mess!
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Post by danikasmom on Nov 17, 2011 7:18:54 GMT -6
We have talked to our friends and they have stepped up and taking our kids if anything happens. We don't want our family members to raise our children. They don't like each other, so we know it will be a big hassle if either of them had them. We just need to get it in writing. Whenever we leave we have something we wrote put out for people to see. We have not told our family members this either.
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Post by apryllraye87 on Nov 17, 2011 8:00:42 GMT -6
Right now we just have a notorized document. We had one typed up and notorized before we went on vacation 3 years ago, just in case.
There is a legal benefit at my work so I'm going to take advantage of that and have a will drawn up next year. I doubt it would be a problem but I definitely wouldn't want DS going to Mike's sister and I have a feeling she would try to get custody. So, I've listed my mom as first and my brother as second if anything ever happened to my mom. My mom is also listed as the beneficiary on all of my accounts/insurance policies until Mike and I get married.
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Post by mommylinz on Nov 17, 2011 8:49:25 GMT -6
Does anyone know if the notorized document works? I know we need a will, but I have yet to do it. We have asked who we want to take the kids if they will and they will, but my MIL is crazy and I have huge fears that she will do everything to get them. I'm wondering if until I get to the will if I should do the notorized document.
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Post by apryllraye87 on Nov 17, 2011 10:06:47 GMT -6
Notorized documents can be used in court BUT they can be challenged.. it adds weight to legal battles but it isn't a guarantee.
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Post by sarahisis on Nov 17, 2011 11:07:28 GMT -6
living will... we need to do one too.
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Post by elizac on Nov 17, 2011 19:15:04 GMT -6
Thank you for your answers.
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