Legal Question in Wills and Trusts in Texas
Having surgery, need to make arrangements for sons should I die.
I'm having surgery in May 2000. 2 boys, 17 & 14, want to live with my present husband should I die. He is a good stepdad, loves them, & agrees this would be best for them so they can graduate from their school. Their father is certified mentally ill & lives in another state. I have custody, he gets supervised visitation in summer.
How do I make our wishes legal without going to court?
I have been ill/ no job since Aug. 99, so no cash for attorney.
Will certified or notorized document be legal? Be recognised? Can I put this in my will & have it be enforced? Is there any advise for me?
I need to settle this before surgery!
Thank You!
2 Answers from Attorneys
Re: Having surgery, need to make arrangements for sons should I die.
Unfortunately, custody issues are still under the jurisdiction of the court granting the divorce and custody orders.
Re: Having surgery, need to make arrangements for sons should I die.
It is ok to make your wishes/concerns known in writing - as for the will, be sure any gifts to your kids are to a "trustee" for them whom you trust. You can name your present husband as guardian of the kids too. BUT, the court which gave you the divorce and ordered custody, retains jurisdiction to make adjustments if you die. Can't get around that.
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