Legal Question in Family Law in Kentucky

Re: Birth Mother Dead--Should Step-mother Adopt?

Adoption is the only way to guarantee your wife rights regarding the children. These rights would survive your death and also a divorce (which is the potential downside).

The provision you have in your will has only the legal effect of a strong suggestion to the probate court, but it will likely be honored unless you deceased wife's mother can show your current wife is somehow unfit.

The process is fairly straihtforward in statute, but you can still expect to spend over a $1,000 if you use a lawyer. If you don't use a lawyer, be sure to read the adoption statute's very carefully.

Re: Birth Mother Dead--Should Step-mother Adopt?

Adoption is the sole way to accomplish this task legally. Any other means you would try is not necessarily binding on others. My fee for the process is $1,250.00 including filing fee. Technically, your mother-in-law would not have to know about it if you did not want to tell her. Depending on the childrens' ages and the judge, the children may not have to appear in court, although they may have to appear in the presence of an adoption worker for the Cabinet for Families and Children.