Legal Question in Wills and Trusts in Connecticut
Disputing a Will
My husbands sisters are under the age of 18. If their mother makes a Will out leaving the children to her sister who is single, 54 and has some illnesses, can we fight her for guardianship? Do we have a chance?
1 Answer from Attorneys
Re: Disputing a Will
Before it gets to the point where lawyers are needed for a guardianship fight, why not suggest a family meeting to include your husband, mother-in-law and sisters-in-law. At the family meeting, ask the girls who they want to live with if something happens to their mother. I'm sure your mother-in-law will take their wishes into consideration when she draws up her will.
If, however, the result is not satisfactory and guardianship is given to your husband's aunt against the girls' wishes, some courts will take the girls wishes into consideration --- depending upon their age (usually 12 or older).
If that occurs, you will need to retain an attorney who concentrates in family law.
Finally, for good order's sake and to avoid conflict of interest, when guardianship is considered, it is a good idea to name a custodial guardian and a separate financial guardian. For example, perhaps your mother-in-law could name her sister financial guardian to handle the girls assets and you and your husband custodial guardians.
Good luck to you and your family.