Legal Question in Wills and Trusts in Arizona

I am 23 years old with a 6 month old son. His father and I are not married, however we do plan on it, we just aren't sure when. I have been thinking about creating a will, and I was wondering about how to go about that for no to little money. Also, what kind of will I would need being that I have a son, am not married yet but plan to. Thank you for your time.


Asked on 12/16/09, 3:57 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

Even though you are young and have limited funds, it is of the utmost importance that you have a Durable Healthcare Power of Attorney, so that if something happens to you, you have appointed and given someone immediate authority to make medical and care decisions for you. amd a Durable Financial Power of Attorney so that someone can pay your bills, collect your income, etc.

You also need a Will, so that you can appoint someone to take care of your and your baby as your guardian and conservator and that of the baby. Your Will is not binding on the court, but the judge will give great weight to the person you say you want. This is the only time a Will can be used before the death of the maker of the Will.

You also need a co-habitation agreement if you are living with the baby's father. I know you plan to marry, but for several reasons, not involving any bad faith, the marriage or the relationship may not last. You need to establish paternity and have an agreement with him that is enforceable to insure that he will be responsible for the baby, and perhaps you, if the relationship breaks up.

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Answered on 12/21/09, 4:35 pm


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