Legal Question in Family Law in Minnesota

Child Custidy -- Notirized letter?

Until we get a will made up can a noterized letter signed by my husband and I act as a official document for naming a gardian to our son.


Asked on 2/15/06, 12:16 pm

2 Answers from Attorneys

J. Chris Carpenter Harvey and Carpenter

Re: Child Custidy -- Notirized letter?

A notarized letter naming a person to be your son's guardian will not be an official nomination. However, it will be evidence that you intended to name that person guardian of your son if there is a hearing to name a guardian. You can avoid potential problems by nominating a guardian in your will. Please feel free to give me a call if you have any questions.

Luke Robinson

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Answered on 2/21/06, 10:25 am
Dennis Felix Felix Law Office, P. A.

Re: Child Custidy -- Notirized letter?

In Minnesota, a Will is nothing more than a written document signed by the party with two witnesses. However, there is more to it so have an attorney draft it. Only the Court can appoint a guardian for a child. When you designate someone in a Will, it is only a recommendation. You can do what you asked but I don't know if a court would accept it. Do a Will. Dennis

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Answered on 2/15/06, 5:56 pm


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