Legal Question in Wills and Trusts in Arizona
Wills
I am 33 yo mother of 2. I was recently diagnosed with a heart problem. My concern is my spouse who is not able to raise our daughters (age 4 and 10) should I perish. He has a long history of emotional instability, bi-polar disorder, and is a recovering alcoholic. He does ok as a dad with me being the primary person who takes care of all financial,medical,educational etc, decisions. I do not want him to raise our kids alone or to have my life insurance money to his . He needs much assistnce with parenting and money but would never admit this. What do I do?
1 Answer from Attorneys
Re: Wills
Although you may designate guardians for your children in your Will, your husband would have custody of the children because he is the surviving parent. However, for your insurance proceeds you could designate a third party to act as trustee for a trust that would be created for the benefit (care & support) of your children.