Legal Question in Wills and Trusts in Ohio
Guardianship of deceased sister's minor son.
My youngest sister died unexpect-edly, leaving a six year old son. She stipulated in a notarized, handwritten document, his custody go to another sister who was his babysitter during preschool years. Because my nephew has a very strong emotional attachment to this aunt, and because it was his mother's wish, I would never object to this guardianship. How-ever, the stipulated guardian requests that I (as well as two other sisters) sign a document stating we will not contest her sole custody of him. She would not clarify the impact of the document on any future circumstances or provide a copy of the document so I could have an attorney look at it. You see, I have no documentation, but the boy's mother asked if I or my daughter and son-in-law, would assume role of guardian should anything prevent the stipulated aunt from doing so. My desire is for the the to court know that if she dies or becomes too ill to care for the boy that I am available and willing to become his legal guardian. I cannot sign that document until I'm sure it will not exempt me from guardianship consideration should circumstances change. I do not want this little boy to suffer any more hurt. How can we resolve this without unneces-sary litigation?
2 Answers from Attorneys
Re: Guardianship of deceased sister's minor son.
Has there been a hearing to appoint the guardian yet? You can contact the court with this information, add this to the file for consideration, and most likely even attend the hearing.
Re: Guardianship of deceased sister's minor son.
I would consult with an attorney to review the document that she has presented to you.
Under Ohio law it is typical for the next of kin to be asked to sign a waiver of notice of the guardianship hearing and a consent to the appointment of the applicant. This is a standard probate court form. If all the consents are not obtained the court will have a hearing to determine if the applicant is the best guardian. From your description of the document it sounds like a different document.
I would have an attorney review it and advise you of the best course of action.
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