How can I make sure that my Will is honored regarding my custody wishes?

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How can I make sure that my Will is honored regarding my custody wishes?

I have one child, whom I have full legal custody of. My child’s father is deceased. The death occured when the child was an infant. I have since married and have been with my husband since the child was a toddler. My husband and I have discussed my husband adopting my child. If the adoption does not happen, I want to be 100% guaranteed my Will will be honored if I should pass away. My Will clearly states who I want to raise my child if I should pass. My fear is that my Will will not be honored and judge will send my child out of state with paternal grandparents, instead of honoring my wishes (the GP have time).

Asked on October 29, 2012 under Family Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a Wills and trust attorney about the situation that you have written about and the best way to allay your concerns. My thinking is that there be a special amendment to your Will setting forth a "codicil" concerning custody issues in the event that you pass while your child is a minor.

Sign several original "codicils" and give copies of such to various family members and close friends to be opened solely upon your death. However, mention what your desires are concerning your child per your question.


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