protecting my child if i die

[mistipetal]

undefinedundefinedWhat is the name of your state? Oklahoma

Hello,

I need some advice with how to protect my child. I am going to be having surgury in a couple of months. It ought to be nothing, but on the off chance I don't survive, I want my child taken care of. I'm divorced. My husband has supervised visits by me or someone of my choosing in our decree. He met her once and hasn't contacted her since. I'm in great fear of what might happen to her if she goes to him. Is there any way to protect her legally from that happening? I understand that the sole parent has rights, but I'm wanting to find another way if possible. If that is not possible, can I leave everything to her, in a trust, that my ex does not have access to? I have a friend that I trust to guard my daughter's interests. I think that if he realized he had to deal with my friend and had no access to cash, he might be willing to give her up....if he thought he could have all my life insurance funds, well, it would be a different story. Could someone with knowledge of Oklahoma law give me some suggestions and direction for my options?

Thank you.

 

[lwpat]

You need to contact an estate attorney and set up a trust for your assets. Your fears are well founded.

 

[BelizeBreeze]

First off, any insurance payout is subject to the beneficiary of the policy. Therefore, the truse should be setup BEFORE any event that precipiates its need. Second, you can reassign the beneficiary of the insurance to the trust.

the problem with setting up a trust with a beneficiary and a third party administrator is that, in your worst case, the trust would be set up for the benefit of the child and as the legal guardian of the child, the father would still be able to exercise a bit of control over the trust.

Therefor, you also need to establish a law guardian for the child or provisions for a legal representative of the trust.

The advice to see a trust attorney is right. But don't wait because depending on the amount of insurance, it may be too late after something happens and the insurance is not changed before the fact.