Now that I've created a sprogling, I want to make sure I and my wife both wish to have a legal will in place to be sure everything is set for spouse and child. Is this just a matter of hiring a lawyer, or is this something I can walk into my City Hall and do?
I wish GP would change the search function to accept shorter words.... Recent searches in regards to "tax" and "will" have been useless...
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Thread: Legal Will
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2012-03-19, 06:52 PM #1Member
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Legal Will
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2012-03-19, 08:18 PM #2
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Without you doing anything - your spouse will get 50% and your children will split the remaining 50% evenly. Not sure if this applies to children as young as yours....
Originally Posted by beach246
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2012-03-19, 08:31 PM #3GPG
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I made a will a few years ago, you can write a will on the back of a table napkin if you want. A lawyer will help you draw it up if its complicated, involves property or division of estate among different offspring etc. All a will does is declare what you want done with your earthly possessions after your demise. Originally Posted by beach246
You will need a trustee or an executor of the estate (who makes sure your wishes are carried out). It can be a family member or a family lawyer. The will ideally should be witnessed to be effective. Its also a good idea to update it every few years as your situation may change (divorce, death etc). Sometimes people listed in your will as beneficiaries might die before you.
Here is a site I used for templates.
http://www.makeawill.comLast edited by KansaiBen; 2012-03-19 at 08:34 PM.
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2012-03-20, 09:27 PM #4Member
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What about child custody? Is there any chance (given she has her mom's last name), that the grandparents could try to claim the child over me? I don't distrust my in-laws per se, but I just want to block anything untoward from the get go.
I know, this is super negative thinking, but plan for the worst and all that...
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2012-03-20, 09:38 PM #5GPG
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NOt sure what this has to do with wills but Im not sure how parents could get custody unless mother was unfit, incompetent or abusive (but that doesnt stop people being parents in this country). Originally Posted by beach246
You can not really do anything to control between mother and daughter when you are dead. You can arrange money for child upbringing or put money in a trust for your children until they come of age.
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2012-03-20, 10:12 PM #6Member
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No, I mean if something happened to my wife. Could the inlaws claim the kids over ME.
As in, can my wife make sure I receive custody of children if something happens to her?
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2012-03-20, 10:47 PM #7GPG
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You are the kids father. If you are still married then legally (IMHO) you have legal custody of your children if she dies before you. Your grandparents can not take your kids away from you. Originally Posted by beach246
If you divorce however and she has custody they become members of your wife's family. You don't have a koseki in Japan so legally you dont exist once you divorce. I have heard of cases of grandparents adopting their grandchildren after a divorce but Im not sure what happens if you are still married. Best check with a lawyer.
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2012-03-21, 09:43 AM #8
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My understanding – is that kids stay with their habitual guardian. If your wife were to die, I’d be careful about letting her parents take care of the kids during the funeral, period of mourning, etc. Instead – I’d be keeping them at your side throughout the process – and in your home every night, until things settle down. Any over-nighters at the grandparents, should be time-bounded (preset start and end dates discussed and agreed).
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