If I’m a single mother and something were to happen to me, can my parent get custody of my child or is there the need of a Will?

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If I’m a single mother and something were to happen to me, can my parent get custody of my child or is there the need of a Will?

If so, can I do a Will without the help of lawyers?

Asked on April 15, 2014 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your mother could get custody of your child if something happens to you, but the process will go faster and more smoothly if you have a will designating her at your child's guardian in the event of the worst. You legally may draft a will on your own, but it is not recommended; wills are highly technical, and a small error in drafting or executing them can potentially invalidate them. It is much better to retain an attorney to do this.


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