Should We Hire A Lawyer To Write Our Wills Because We’re Worried Someone May Challenge Guardianship Of Our Kids?
My husband and I live in Arizona and are in the process of creating wills. We have two young children (both under 10), and our main goal is to make sure that if something happened to both of us, my sister would become their guardian. She has a very close relationship with our kids and we fully trust her to raise them.
The reason we’re taking this so seriously is because we are concerned that my husband’s mother may try to challenge that decision if we were to pass away. Over the years there has been a lot of conflict, and she has made comments suggesting she believes she should be the one raising our children.
Ever since my children were born she has pressured us to have more of a say in how we raised them. When she didn't get her way she would try to bully us into giving her access. She would constantly disrespect us and not value our choices as the parents. She recently even tried to pressure my husband and create issues in our marriage that was intended to push us toward divorce. We found out from my husband’s brother that she was trying to get us divorced so she could get more access to our children. She also told his brother that if after we were divorced, and my husband didn't give her what she wanted, she would try to pursue custody of the kids even from him. She apparently believed this would be possible through “grandparents’ rights.” We have recently cut her out of our lives after a series of events that have proven to me and my husband that she is a danger to us and our children.
Because of this, we want to make sure our wishes are very clearly documented so that our children would go to my sister and not become the subject of a legal fight.
Right now we’re looking at online will templates, but I’m starting to wonder if this is something we should have an estate attorney handle instead to make sure it’s done correctly and harder to challenge.
For people who have dealt with estate planning or custody designations in a will:
- Is it worth hiring a lawyer for this situation?
- Are DIY will templates generally sufficient for naming guardians?
- Is there anything specific we should include to reduce the chances of someone challenging it?
We’re mainly trying to make sure our kids are protected and that our wishes are clearly documented.
Any advice or experiences would be really appreciated.
Location: Arizona
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