Legal Question in Family Law in Massachusetts

My husband and I are trying to find out what forms we have to fill out or what steps we have to take to make sure in the case of both of our deaths that the state of massachusetts knows who we want to have legal custody of our children, granted they are still minors.


Asked on 11/29/09, 8:43 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You should speak with an estate planning attorney, who can help you prepare wills that name guardians of your minor children if something were to happen to you both. In Massachusetts, you can nominate a guardian of your minor children in your will.

You may also want to name a trustee to hold your property for the benefit of your children (so your 18 year old college freshman does not inherit a $300,000.00 estate). Please feel free to give me a call if you would like to discuss your estate planning options. 617-357-4898.

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Answered on 12/04/09, 9:30 pm

You need at a minimum a Will for each of you. The Will states who you want to be guardian of your children.

Depending on the size of the estate or assets available you may want a family trust created for the benefit of your children.

Please feel free to contact me if you have more questions.

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Answered on 12/04/09, 11:07 pm


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