How would I go about making sure my daughter is given to someone I want her to be with if something were to happen to me?

What are the steps and what I would need? I am a single mother to a 7 year old. Her father is unknown because I was raped by a group of guys. There is no father listed on her birth certificate.

Asked on September 20, 2012 under Family Law, Idaho


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would be best off by visiting with a probate attorney.  These types of attorneys are better at setting up different types of contingency plans to care for loved ones including guardianships, trusts, and wills.   You should look into a guardianship because it is a formal plan for the care of your child.  Some people just sign little notarized statements-- but those are not quite official and subject to attack.  A probate attorney can drawup the guardianship fairly quickly and inexpensively... you may even want to establish a trust to provide for her care if something does happen to you.  You can also discuss funding issues.  Most people in this economy are strapped to find big chuncks of change to put into a trust fund, but you may be able to fund the trust with a good life insurance policy at a fairly reasonable rate.

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