Wednesday, January 20, 2010

When traveling without children what should be done to protect children in case of parents death?

If parents are traveling together and something tragic were to happen to them, would a signed, handwritten letter from the parents giving custody to say an uncle or grandmother be enough to grant custody?


What needs to be done to give legal custody to the child in case of death?When traveling without children what should be done to protect children in case of parents death?
create a willWhen traveling without children what should be done to protect children in case of parents death?
you should just get a will written out
All parents should probably have what is called a ';Living Will'; and in this legal documents, they can state their wishes for their children if an emergency or some tragedy would occur.


Otherwise family members might start arguing over the decisions that would need to be made. And no one wants the courts deciding personal business, do we?
A will needs to be written. A handwritten letter is not legal, however a will is. Even if you don't own anything else, that is the only way to protect your children. It needs to say that in case of death of both parents, the children go to so-and-so. If you don't have a will and both parents die, the children automatically become wards of the state and if any family members wants to have the children, it's a long, expensive court battle that they'll probably lose.





Get a will ASAP.
You can't ';will'; your children to anyone, as another person said. Wills are for finances and possessions, not people. And naming a guardian is just that - you name someone you would ';prefer';, but the state ultimately has a lot of red tape for them to go through in order to follow the process if they have only been named through a document once you're dead. (But it's not like your kids will end up in foster care if you don't name someone and a family member wants your children - courts do NOT break up family bonds through blood unless there is specific reason to do so, i.e.. neglect, abuse, unfit home structure, etc.) What you really need to do (and what we are doing as soon as our little one is born) is establish a guardianship for whomever you want to take your child while you are still alive and of sound mind. You need a lawyer to draft the paperwork, and both parties have to be present and willing to sign. Because the decision was made while you were still alive the courts will be more in line with your decision. Then you'll need to make sure that the guardian is set up to receive your death benefits (insurance, social security payments for the children, etc) in a trust for the kids, and again, this is something that the lawyer who sets up the guardianship can do. You'll also want to go to your bank and set up a ';Payable Upon Death'; beneficiary, otherwise there's a ton of hoops your family will have to jump through in order to get to your funds and it can take a very long time. (You don't need a lawyer for this - just go to your bank and ask them about it.) Put it this way: anything that you don't do while you're alive will be administered by the state government, and so taking care of if while you're still around is the best way to handle it. We've got four dogs and have a legal document drawn up for who gets them if we both die - as well as a financial stipend for their care.
You can do the will plus get travel ins. The letter will depend on the state and how old the child is. I don't think custody would be a problem due to most states don't want to separate the child from the family or take responsibility for the child unless there is abuse of some sort. there are already a lot of orphans they can't find homes for. Plus the relatives could just take temp. custody of the child/ren and start the adoption process.
A will
A legal will in place.
its a long and complicated battle and it depends on where your from anything with their signiture saying you can have custody they would allso have to put it in their will
a will.
If you have children, you should really set up a legal will. Its the only way you can assure your children will be protected with the least amount of issues.
All parents should probably have a will. In this legal document, they can state their wishes for their children if an emergency or some tragedy would occur. The parents can state who gets custody over their children. If you don't have a will I would suggest getting one ASAP. Why? If you don't the government will take legal action and your children most likely will end up in a foster home. I'm pretty sure that no one wants the government to decide your personal business.
Unless the laws have changed you can not will your children to someone, you can however state that you want so and so to become the guardian of the children in the event of both parents deaths and the judge will take all of that into consideration, however if you say you want Aunt Jo to have the kids but Grandma Mary wants them then the Grandma has rights to go to court and seek custody of the children, sometimes they win and sometimes they dont. To protect your children you need to have an actual will wrote up and filed. This will handle who needs to hold any assetts for the children till they turn 18 and what needs to be done with any property, without the will any and all property, savings etc would all go to probate and then it could take months if not more before your chuildren got anything. In the will you can express that it is your wish that Aunt Jo become the legal guardian of the children and provide for their well being until they become an adult but you can not say they go live with her. it is best that you express your wishes to all family memebers and tell them why you think the person you chose is the best one so that their is no hard feelings later on.
I would get a living will done that your child would be taken care of in case of an accident.

No comments:

Post a Comment