Need legal advice

I got to thinking about this the other day.

I want to make sure my son is well taken care of in case something was to happen to me and my wife.

We were talking and said we would like my sister and brother in law to have full custody if anything should happen to us. They have a son and a daughter and couldn't imagine anyone else raising him. My bro in law is a hunter so I would know that he will be raised like I want him to be raised.

Here is my question: What do we need to do to make it legal where they would have custody, no questions asked?

Also, I would want our son to be our beneficiary as well so my sister and bro in law are taken care of as finances go in raising him.

What do we need to do?

You hear all these stories of kids having to go to these homes to work out legal matters and I don't want that to happen at all.

Thanks you all!

(What brought this on is we are going to Statesboro tomorrow for a graduation and were contemplating leaving our son in daycare while we are gone but we decided to take him with us).

Talk with an Attorney that specializes in Wills and Trust.

It has to be true, I read it on the internet

Doc_5729 said:

Talk with an Attorney that specializes in Wills and Trust.

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Why?????

When you can get unlimited free advice from anonymous posters on the internet?




Wait, that's probably not serious advice. Don't want to violate the rules

.

Talk with an Attorney that specializes in Wills and Trust.

Even if he or she actually asks you to pay for that advice.

There are lots of good resources for doing your own will whether via software of online. That said, there is no substitute for having an actual attorney work something up for you based on the guidelines you provide. That way you know your wishes are taken care of.

What you're looking to do is not uncommon or unusual. So it should not be hard or that terribly expensive to have done. It's worth a little expense to make sure that boy is taken care of if something happens.

It's one thing to talk about which is the best caliber for deer, or are all hog hunters outlaws, or even legal issues such as "am I poacher"( if you have to ask the question, you are)but it's totally another to trust potentially life changing decisions, especially for your children, whether it's legal, financial, medical, moral, or otherwise, to anonymous posters on the internet.

The same comment applies to leaving the future of your children to an on-line will. Good luck with that.

It's kind of like self-help divorces, in "divorce kits." I love them. It's a lot more expensive to get a divorce straightened out than it is to do it right the first time.

An attorney is your BEST bet. What you're looking to do is something that people do all the time. So it's not terribly complicated.

The difference is that there are bar rules that require confidentiality of advice and direct legal advice cannot be provided in public. Moreover, advice seekers need to be informed to maintain confidentiality to protect the attorney-client privilege. Attorneys can, however, discuss generalities and help to educate folks and point them int he right direction.

Whitetaco:

You can achieve what you want through a will and appointment of guardian. While you are at it, you can set up an insurance trust and handle a living will. A living will should not be that much more expensive, basically print a statutory form and customize it a little for execution.

It's easier to do all that when you have been married once, your spouse has too, all kids are issue of that marriage. It's easier to handle when one does not have a massive fortune that requires extensive tax planning to avoid confiscation by the gubment.

You need to get your wife to do a will at the same time just in case.

Those software kits are no substitute for an attorney that knows the law. Who wrote the software? Was it someone that put in 3 additional years of schooling, graduated, passed the bar, completed the mentoring, and has done it all before? The law of wills is hypertechnical because the are has been rife with fraud and dispute since time immemorial, it needs to be done right.

Ole Fuzzy said:

Those software kits are no substitute for an attorney that knows the law. Who wrote the software? Was it someone that put in 3 additional years of schooling, graduated, passed the bar, completed the mentoring, and has done it all before? The law of wills is hypertechnical because the are has been rife with fraud and dispute since time immemorial, it needs to be done right.

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Thanks you all for the comments. I wasn't looking for an online form or something, just what I need to do to make sure all is taken care of.

I think over Christmas break we may go and speak with a lawyer about this issue.

Thanks again!

Huntinfool said:

Legalzoom.com




USLegalForms.com

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His case is more complex (Custody cases) and should not use legalzoom.com or uslegalforms.com. I hear that from attorneys all the time.

Whenever I need an attorney I call around and get free consultations and prices. I know I wouldn't cheap out on a situation like this.

It's not a custody case, its about how to nominate a guardian and alternate guardian for a youth in case the parents expire early.

I don't care what people that peddle forms on the internet say, you don't know who drafted them or whether they comply with the proprietary GA laws on wills, trust, probate, etc.

When we made our will in regard to our kids ,we also made sure that the means to settle our estate and use the proceeds to benefit the boys was also included. Please ,please use a lawyer.

earl said:

When we made our will in regard to our kids ,we also made sure that the means to settle our estate and use the proceeds to benefit the boys was also included. Please ,please use a lawyer.

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Definitely will! Thanks!

Have you looked into using pre-paid legal? I have the service and call the law firm in Atlanta about twice a month with different legal questions plus you get a will with your membership. For $17 a month you can't beat the price. I paid a local attorney $800 to write my will several few years ago so the service is much cheaper.