Legal Question in Wills and Trusts in Virginia
My husband and I would like to write out a will to give custody of our two children to my brother and sister-in-law if something ever happened to the both of us. My brother has already agreed that he would take them in and we have a couple backups in case he could not for some reason. The problem is that I am almost certain my mother in law would try to get custody. My husband and I have both agreed that we don't want her to be allowed in our children�s lives (long story). So here are my questions:
What do we need to do in order to write a will that determines custody? Is there any way of doing this without paying a lawyer to write it or is that the only way? Would a paper that has been typed up on the computer then signed by me, my husband and a notary hold up in court? We live in Virginia, my brother lives in Wyoming and my mother-in-law lives in NY if that makes any difference. I want it to be fool proof. Also, what would be my mother-in-laws rights if any? Could she sue for custody or visitation? I would like to make it so that if my brother gets custody he can decide whether or not to allow her visitation. I have very little knowledge of the law so any advice would be greatly appreciated. Thank you.
1 Answer from Attorneys
You want your joint will with your husband to be "fool proof"? Then see a local probate attorney about making it "fool proof" with respect to the issues for which you have the greatest concern--and forget about getting such a will reliably outlined for you in an Internet forum such as this one.
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