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Who's the guardian for the kids if something happens to both of us?

q065 questions.yaml · questions.yaml:602 documentsfiles

Question

Who's the guardian for the kids if something happens to both of us?
A good answer

Nothing in force is saved. The only thing here is an unsigned 2022 draft of Leah's will, stamped not for signature. It names her sister Maren Halvorsen, with Marcus's brother Tunde as alternate and a lawyer's note that the alternate was not settled. A good answer reports the draft, says a draft has no legal effect, and does not present Maren as the guardian.

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Supporting records

The records the answer rests on, from from, with whose they are.

namewill draft - mine (NOT SIGNED)
created2022-03-15
Traps it covers

not_saved Marcus has no life policy of his own, only twice his salary through the district; the reminder has been open since January 2025. Neither of them has a signed will: the lawyer's 2022 draft of Leah's is saved, Marcus's matching draft is not, and they stalled on the alternate guardian. Marcus's W-2 comes on paper and goes straight to the accountant, so only Leah's 2025 W-2 is saved. His box 1 was $62,807.90, federal tax withheld $4,378, Ohio $1,454; none of that is in the account.

only_in_file The orthodontist's terms (a replacement retainer is $175, a missed appointment $40, the insurance figure is an estimate) are only in the contract. The lien release letter says what is left to do: take it and the title to a title office, and tell the insurer to drop the credit union as loss payee; nothing shows either was done. The guardian named for the children (Maren, alternate Tunde, unsettled) is only in an unsigned draft and has no effect. That Nora carries her own inhaler and the clinic has no spare is only on the school form. The 2025 mortgage interest ($9,123.12) and Leah's wages are only on the tax forms.