Legal Question in Family Law in Louisiana
my children dad had custody of them, and he lost his life on 11/14/2010, in a motorcycle accident, his relatives came in town and stayed until after thanksgiving..I allowed my kids to stay there until after the serves and thanksgiving, and said that they will return to me.. He has a sister that lives 45mins away from me, she has a policy that he had for two years. he didn't leave anyone as the beneficiary, she told my children that in order for her to get them a trust fund that she has to have custody of them.. She keeps impling to my kids ( ages 15 and 16 ) that since she hired a lawyer she is the only one that can make it happen. my daughter has been with me since and my son says that he just want to be over there for a little while.. i told her the next day after his death that i'm not giving custody of my children to anyone, she stated that her brother wanted to take my kids to atlanta, they only have seen my children 2 or 3 times a year since they have been born. now she took it upon herself to take my kids to juvenile court to obtain custody of my children without my knowledge, and told my daughter 2 days ago to let your mom know we have to go to court on 12/14/2010.
1 Answer from Attorneys
You need xn attorney. I believe you are in the new Orleans area. Call new Orleans legal assistance corporation if you can not afford one. You will need to obtain custody of the children if there is a court order in force placing the children with their father. They will have a choice but you are the first person they will look to. Any policy proceeds not specifically named to a beneficiary will go to the natural heirs-your children. The courtcan appoint anyone as trustee. A succession may need to be filed and any interested party can do that also.
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