Legal Question in Family Law in California

What will happen to my sister's kids if she dies without a will? She has 2 small children who are adopted, so there is no father known. She is not married, nor has she ever been. Our Dad is alive, bnut too old and not willing to take the children. Will they come to me or will the state be involved? She is very ill and resistant to completing her will at this time. I need to know what I'm in for.

Thanks,

Kimberly


Asked on 9/13/10, 7:50 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

A will is only used to pass property, not children. If something happens to her, her family, such as you, can take care of the children. You may have to petition the court to appoint you or someone else a guardian of the children.

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Answered on 9/19/10, 3:43 pm

The state will be involved. Her will does not matter. Mr. Roach is correct that you will have to petition the court to appoint you guardian, or to adopt them.

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Answered on 9/21/10, 2:12 pm


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