Follow
Share

My mother had custody of my son and was going through the adoption process at the time of her passing. She only had temporary guardianship of my daughter. Although her will has not been read, it is believed she wanted my children to go live with my sister after her death. My sister snuck off out of state with my children right after the funeral. My question is whether or not it is legal to leave one human being to another via a will!

This question has been closed for answers. Ask a New Question.
Find Care & Housing
No. It is not legal to bequeath a human being via a will.

And, contrary to popular belief you can not transfer, appoint or otherwise give guardianship of your minor children to another person - family member or not.

Once legal parents or legal guardians are out of the picture a new guardian must be appointed by a judge in a court of law.

One can make their wishes known through various methods as to whom they’d like/prefer to assume guardianship and/or custodial care of their minor children - but ultimately it is up to a judge.
Helpful Answer (0)
Report

Contact police and DCF today . Your children were going through a court process. Mom still did not have the legal adoption which means the children are wards of the state. The children can be in danger. As far as we know they were abducted across state lines. You have knowledge of this and not telling authorities makes your situation worse if anything bad happens to them
Helpful Answer (2)
Report

Your sister was wrong. Even if this was the wish of your Mom, even if mentioned in a will, you still need to go thru the courts for guardianship.

My sister lived in MD. She had a minor son. My brother in NC. Brother needed to establish guardianship in the state of NC where he lived. The court allowed the cost of guardianship to come from my sisters Life insurance policy where my nephew was beneficiary. My other brother and I had to sign paperwork saying we would not contest.

I would think Mom had custody thru the court plus guardianship. You need to contact Family Court and tell them sister not only took ur kids but she took them out of state. Which even with custody/guardianship I would think is not allowed if she is planning to live in another state.

Good Luck and come back and tell us how things are going.
Helpful Answer (2)
Report

Children can’t be willed to someone else. Wishes can expressed but the will isn’t a legal document when it comes to child custody.
Helpful Answer (4)
Report
FloridaDD May 2020
AGree, but would add, file with family court asap.
(3)
Report
To do this is a bit risky, in some cases it can be a while after death that a Will is read. Guardianship should be established and be separate from a Will.
Technically, and there are no specifics in your post or profile your sister could be charged with Kidnapping if she has no legal Guardianship of your children.
If your question is how do you regain custody of your children this is something that you need to discuss with a lawyer and the sooner the better.
Helpful Answer (2)
Report

Prior to a long trip overseas 20 years ago, my husband and I made out our first wills. We had 3 small children at the time. The will included naming our desired legal guardians for our children if we both died. But, even if the will is executed properly I believe there is still a legal process to finalize the guardianship through the courts. Having custody and a finalized adoption are 2 very different things and the adoption was interrupted by her death. Custody may not be the same thing as guardianship. Every state may not have the same laws and process so you must consult an attorney for accurate answers as to your options.
Helpful Answer (2)
Report

Yes, wills often mention care of the children. Who is to care for them in the event of a death. But, check with an attorney especially in the case of temporary guardianship. Child protective services must be involved somehow. Check with them first.
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter