QUESTION

What documents do we need and is it one we can do and file ourselves?

Asked on Sep 19th, 2013 on Child Custody - Utah
More details to this question:
My husband and I are firefighters and our chief said we should get legal documents for who we wanted our children to go to if we should die in a fire.
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4 ANSWERS

You would do this through a will, with each of you designating who would become the guardian or guardians of your children should you both decease. You should also consider who would be the conservator, that is the person who would administer the children's money. This could be the same person as the guardian, or could be someone else.
Answered on Sep 23rd, 2013 at 12:02 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You should have will or trusts, and statements of intention and nominations of guardian/conservators for your children in the event of your death.
Answered on Sep 20th, 2013 at 12:55 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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This should be in a will. You really need to spend a little time and money to talk with an estate planning attorney because there are more issues than just who takes care of the kids. What about the proceeds from your life insurance - do you want the kids to get it when they don't know what to do with the money? I usually suggest that there be a guardian for the kids and a trustee for the money. That way if one or the other goes off the rails, there is somebody to step up and ask a court to take care of the issue. Also, you need to think about durable powers of attorney for financial and childcare issues. If you are in an accident together and are both comatose, somebody needs to be able to step in and take over until one of you are capable of going on. And don't get me started about living wills and a medical power of attorney.
Answered on Sep 20th, 2013 at 12:01 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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What you're speaking of is, believe it or not, a will; you can identify who you wish to be your children's guardians in the event you both die.
Answered on Sep 20th, 2013 at 11:18 AM

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