do i need one. so if i die my sister can have custody of my kids. or is a writen letter just as good. if i have me and her sign it.
living will do i need one.
Re: living will
A living will is also called a health care directive. It is advisory to your heath care providers giving them information about what you would want done in the event that you could not speak for yourself.
I write these all the time.
A will disposes of your property. In WA, there is a statutory provision that disposes of your property in a given manner if you die without a will. You can’t disinherit anybody without a will, and you can’t leave your property to a charity without a will.
It is a little more hassle, but probate in WA is very simple and frankly I think stuff is the least of anyone’s problems.
Children are not property and you cannot will them as you could a dresser or a dining room table.
What you can do is to write a trust within your will, giving your estate to a person you trust IN TRUST FOR your child, until the child reaches a pre determined age, usually 25.
You can also nominate a guardian for your child (guardian of the person and the estate of the child) to make decisions for the child while they are still in their minority.
A written letter signed by your sister isn’t going to have any effect whatsoever.
In family law, commissioners are loathe to place children somewhere unfamiliar. If you articulate why your child would do best with your sister and why the other parent should not have placement, the court will know you care and make decisions accordingly.
Hope this helps. Elizabeth Powell
ELizabeth Powell PS Inc
535 Dock Street, Suite 108
Tacoma, WA 98402