Legal Question in Family Law in South Carolina
Do-it-yourself Wills
Dear Sir or Madam,
I have a 30 year old son who is Mentally Challenged. I'm married but my husband is my son's stepfather. I would like to have my Daughter who is older than her brother, as my son's legal guardan when I pass away. I would like to know if a do-it-yourself will will be legally binding? Or can my husband contest my wishes? I have already spoken with my daughter about this and she and her husband have no ojections. She has always gotten along well with her brother and so does her husband and children.
Thank you, I look forward to hearing from you.
1 Answer from Attorneys
Re: Do-it-yourself Wills
If the "do-it-yourself" Will is validly executed and meets all the statutory requirements, it can be valid and enforceable. However, guardianship is not necessarily transferable by Will.
The Will will provide you an opportunity to designate whom you wish to be the successor guardian, so it is important that you have this issue addressed.
However, your preferred person is not necessarily guaranteed to obtain that position, and the father can attempt to challenge it if he so desires. Ultimately, the Court will be the one to make that decision, and it will base it on what it determines is in the son's best interest.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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