Can my husband and I write a statement on paper stating whom we want as guardians of our kids and get it notarized and will it be legal and binding?

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Can my husband and I write a statement on paper stating whom we want as guardians of our kids and get it notarized and will it be legal and binding?

We will be doing a more detailed will with trust provisions very soon, but we are taking a trip and want something in writing as soon as possible. Thank you.

Asked on May 8, 2009 under Estate Planning, South Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The only way to do this would be with a will, that satisfies all the requirements of South Carolina law as far as the form (required wording) and execution (signing, witness signing and possibly notarizing).

The good news is that you could do this with a simple will, and then replace it with the more detailed will when you return home.  A typical will includes language that says in so many words that all previous wills are revoked, and for most purposes a more recent will's language is what is followed if it conflicts with part of an older will anyway.


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