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If something were to happen to me how can I make sure my daughter is cared for by a loved one and not the state?

Omaha, NE |

My exhusband/ my daughter's birth father has no rights to her. I have no idea where he is or how to contact him. He has been gone since she was 1month old and she has no idea who he is. My Fiance (matt) has been her daddy since she was 4months old. Besides myself he has been the only one to love & care & finacially support her. My daughter loves Matt her daddy more than anything she is 2 yrs now. He is all she knows. He wants & one day will legally adopt her. My question/ concern is until he can legally adopt her what if something bad were to happen to me? She has no grandparents or other family. I want to make sure she goes to her daddy Matt and not the state.

Attorney Answers 2


  1. The easiest answer is to write a will. Most attorneys only charge a couple hundred dollars and you will be worry free. I think it's a smart idea. Good luck!


  2. I agree with attorney Brantly. You will need to include appropriate guardianship provisions in the Will itself. Enlist the help of an estate planning attorney to draft the document. This may be the most important document you write.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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