Since I’m a single mother of a 2 year old and were to type up something stating who I wanted to have custody in the event that something were to happen to me, would it be legally binding?

There is no father in the picture.

Asked on February 21, 2013 under Estate Planning, Texas


Catherine Blackburn / Blackburn Law Firm

Answered 7 years ago | Contributor

You need to make sure you comply with the formal requirements in Texas for designating a guardian.  There are online legal document companies & programs that you can use for this purpose.  If your intention is truly as simple as designating a guardian, then these programs are effective.  BE SURE to follow all of the directions -- if the program says you must have two witnesses and a notary, do that.  If you do not execute the document exactly as you are told, it will not be valid.

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