Legal Question in Wills and Trusts in Ohio
Guardianshipof 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?
1 Answer from Attorneys
Re: Guardianshipof deceased sister's minor son.
Don't sign it. I don't see the reason to sign it, and your failure to sign it will not keep this child from living with the preferred aunt.
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