Legal Question in Wills and Trusts in Illinois

Re: wills

You do not have the legal power to determine the rights the father has. To take away those constitutional rights, he needs to sign off or you need to show a judge why its in the child's best interest that the father lose those rights.

Re: wills

Nothing you put in a will will stop your husband from enforcing his parental rights. No court is going to give a non parent rights to the children when there is a perfectly capable fit parent still alive and wanting to have custody of the children. But certainly if something happens to both of you, you will want to provide for what happens in that situation.

Re: wills

You are apparantly attempting to plan your estate without involving your husband. Are you getting divorced? Is your husband the father of your children? If he is, then no document you sign will nullify his parental rights at your death. None of the documents you mentioned will address the issue of who will raise your children. Your first step should be to make an appointment to speak with an attorney who specialized in estate planning. Most attorneys will not charge for the first visit. Take care.