Legal Question in Family Law in Arizona

Re: Guardianship of minor children - both parents deceased.

Thank you for your inquiry. If your sister or her husband left a Will, that may affect the outcome of this situation. If not, you may be able to apply to become the children's legal guardians. However, if the children are not presently located in Arizona, you might not be able to file that action here; it depends on the circumstances.

Further, it may be necessary to open a probate to allow for the distribution of the parents' assets for the benefit of their children. If there is no Will, Arizona statutes would determine who has the right to be nominated as the Personal Representative (executor) of the estate.

We offer a free initial consultation so please contact our office (480.792.9770) to arrange a time to speak with one of our attorneys about the details of the situation.

Re: Guardianship of minor children - both parents deceased.

If there is a dispute about the property that was owned by the children's parents then you will have to file in Arizona to administer their estate so that the apparent heirs (the children) can get the property. An attorney needs to look at the papers which supposedly granted guardianship to the brother; generally the easiest thing to do in Georgia is to file for a temporary guardianship. Since the children are in Arizona at this time the Arizona courts would have jurisdiction and you might have to retain an Arizona lawyer if there are disputes. You should definitely contact an attorney and discuss the options. Make sure you have the documentation from Arizona so that that can be reviewed. If all the parties are in agreement, this should be very easy. Hopefully, someone has started the process so that the child can receive some SSI benefits. At some point you should consider a permanent guardianship or perhaps even an adoption.