Legal Question in Family Law in California

Next of kin rights

My sister passed away 2 years ago, and left her only child (12 next week) to her husband (bio father passed away when child was 2). The step-dad has now remarried, and the new wife doesn't want my niece to have anythingt do with her biological family (who practically raised her). My family has not seen a copy of the will, and would like to know what our rights are as next of kin to get our niece back from them. They do not share a close relationship with my niece, and I know my niece is having a lot of emotional stress from this whole situation. My niece's 4 biological grandparents are all willing to work together to get my niece back since she is very very unhappy. What are our legal rights? And how do we get a copy of my sister's will if she had one? Should we have been there at the reading of the will or informed? Or does it not matter? Please help. Email me at [email protected]. I would like to pursue this legally if there is a chance we can get my niece from them. Thank you.


Asked on 11/03/05, 3:42 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Next of kin rights

Unless your sister's husband adopted the child he is only her guardian. You can check with the clerk of the court to determine whether a guardianship has been filed and see a copy of the will. Consulting an attorney would be the best approach to your situation.

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Answered on 11/14/05, 11:11 am


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