Discussions

Reading the will thread made me think of a nagging question that has been bothering me a long time....  
 
What happens to children in Manitoba if the parents die and have not specified in a will who is to be legal guardian of the kid(s)?  
 
Do they become a ward of the province until they determine if family is an option? My concern is that I have no will & have not specified who I wish to look after my child in the event of the untimely death of myself & partner. The reason I have not appointed anyone to this is I have no family I feel fit (on either side) to take custody of my child, but would not wish for foster care or anything like that.....  
 
What are thoughts / experiences?

Someone more knowledgable than me will probably know the for-real answer, but I would assume they would pass into foster care until the court could appoint a guardian. In the absence of a will, the court will decide who benefits from the estate, so it would make sense that they could also name a guardian (although there's no guarantee that they will).  
 
As for *having* a will, you should really make one even if it's just to exclude certain people being appointed guardian. Also, by referencing a "partner", I would assume that you're not married, which means your domestic partner may or may not have property rights should you pass. A will would resolve those issues.  
 
It can be exceeding difficult to appoint guardians, we recently had to change our guardians for the third time in four years due to changes in family dynamics. But in the end, I think you would rather have a say in where your kids go even if it's an imperfect solution, instead of leaving that to the discretion of a judge who may grant custody to a petitioner that you don't approve of.  
 
Just my 2 cents.

We have godparents that would have raised my daughter if something would have happened. You could always if no family is around and you have good friends, speak with them if they would be willing to take on the responsibility if something ever did happen.

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It may appear to be expensive but it is the best investment you can make.  
 
If your family members are not fit to raise your children, it would save your estate thousands of dollars in legal fees fighting this wish if it is not specified in a properly completed will.  
 
The Women's Resource Centre on Princess Avenue at Eighth Street has free legal advice on certain days.  
 
http://www.thewomenscentrebrandon.com/  

If there is no will a Public Guardian and Trustee will be appointed to look after your affairs and the court will decide. Family or friends would have to apply to the court to be the guardian.  
 
Best to seek legal advice.  
 

but I have seen forms that you can fill out that can act as a will. Either from books or online. They might have to be witnessed by someone in good standing. ie a minister, etc. Of course if you have no one you wish to take care of your children, doesn't really help you that way.

Godparents don't automatically get legal custody. You have to have it specified.  
 
You can, in Manitoba write totally in your own hand writing - not typed) your will and it can be legally binding. Get someone to witness it and tell family and friends where they can locate it.

A fairly relevant topic to me. I don't have much but I sure the hell wouldn't want my sibling to get their hands on it and this includes my kid! How much could one expect to pay to have a will drawn up?

about 19 years ago and it was about $75.00.

Lol. I suspect it would cost more today!!

We went to Donald Legal Services on 6th Street and for $150 we got 2 done (simple, but 1 husband and wife). So $75 still seems pretty accurate.

ece2 said "A fairly relevant topic to me. I don't have much but I sure the hell wouldn't want my sibling to get their hands on it and this includes my kid! How much could one expect to pay to have a will drawn up? "

5 Years ago it was $300 to have our will drawn up. Meighan-Haddad.

for your input. Thank you Abbysmum, you are right I would rather have say where my child goes even if it is an imperfect solution in my view. I think that is what I needed to hear as I am being very critical of the people who are close to me....but being critical is not just related to "what happens if me & my husband die", even everyday visits are "restrictive". Partially because I am probably a bit of a helicopter parent but also because they have proven themselves unworthy by endangering my child's life.  
 
 
 
Edited by hatsoff, 2015-07-09 15:22:27

But I've written something up in my own hand writing and signed it. It's in an envelope in my closet. I don't know if it would do much good when the time comes but it has made me feel better until I can do something more "legit"

^^ lol I would hope none of us are ever in the situation where we can't care for our child(ren)

I totally understand your situation. When thinking of who would care for my child, honestly nobody could as good I can (on my view) I have picked everyone apart. I am a helicopter parent myself.. There is only one person I truly feel would be fit to raise my son, and that's based off of our parenting styles, financial aspects etc. Some of our family is well off, financially secure etc, but at the end of the day I would want someone who would love my child and raise them how I would, so money is not everything to me.. Best of luck!

Amaxinlin said "But I've written something up in my own hand writing and signed it. It's in an envelope in my closet. I don't know if it would do much good when the time comes but it has made me feel better until I can do something more "legit" "

That's called a "holographic will". When I was going through a divorce, my lawyer said if nothing else to do that (I eventually paid her to do up a "real" will for me).  
 
Make sure someone (other than ebrandon, LOL) knowns where it is, and/or give someone a copy.