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