Q: Would a notarized document be legally upheld in the case that my husband and I both die?
I want to have a document of some sort that states if my husband and I die, my son is to be placed in the custody of my best friend. If I type a document and have it notarized with both of our signatures will it be legally upheld in the case that we do both pass away? Or is there something else I need to do?
A: If both you and your husband were to pass away without a will in place stating who you would like to name as guardian of your son, the Probate Court would decide who is appointed to this position. The Probate Court may take into consideraton this document when making its decision, but only if it is brought forward as evidence during a hearing. Ultimately the court would make the decision. If this is something you are concerned about, it is advisable for you to seek the help of a lawyer with drafting a will with guardianship provisions for your son. A will in CT must meet certain statutory requirements to be deemed valid.
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