nat. only-parent spouse dies/is child orphan or?

[skeptigirl]

Oregon

My brother's wife died before he formally adopted her daughter. There is no natural father nor any other step-parent, she had her daughter as a single parent with a sperm donor.

While they had dated for 3 years, they were only married 3 months ago. The child is 11. He feels he has a close relationship with the child, but the three had only lived together since the marriage.

The grandmother has lived with the child and her mother for some years. The grandmother, my brother and the child still live in the same house.

Now the grandmother has filed for guardianship and only told my brother after doing so. This is likely to be the start of trouble.

What is the legal status of the child? Is she technically an orphan? Or does the marriage give my brother any legal status as her planned adoptive parent?

[rmet4nzkx]

He may still continue with the adoption process, in the meantime grandmother may be doing what she has been advised to do as the child's only living next of kin. Someone has to be able to sign legal documents etc. The child is eligible for social security survivor benefits, the husban can apply to be the childs representitive payee and social security will make the decision, had he made these applications? He may also apply to be the legal guardian as well. If the death was sudden or unexpected he may be in a bit of a fog still.

[LdiJ]

Originally Posted by rmet4nzkx

He may still continue with the adoption process, in the meantime grandmother may be doing what she has been advised to do as the child's only living next of kin. Someone has to be able to sign legal documents etc. The child is eligible for social security survivor benefits, the husban can apply to be the childs representitive payee and social security will make the decision, had he made these applications? He may also apply to be the legal guardian as well. If the death was sudden or unexpected he may be in a bit of a fog still.

However, if the adoption process has not already been started, his position would be very questionable now. They had only been married three months. If it comes down to a battle for custody/guardianship between a stepparent who has only lived with the child for three months, and a grandparent who has lived with the child long term...the grandparent is virtually guaranteed to win. Although the child is old enough that a court may consider the child's wishes to some extent.

[skeptigirl]

Thankyou for your help. The adoption process was not formally started but had been openly planned. The death was very sudden and unexpected.

[rmet4nzkx]

Well then without the adoption process started it makes sense for the grandmother to apply for guardianship, since she is the consistant adult relationship in the child's life. It is not like she is a stranger. This will give time for grieving and making plans for the future, that may be different than in the past. In the mean time, something has to be done insofar as guardianship of the child.

[skeptigirl]

Thanks again. My brother appreciated the info and said he may have had the wrong impression re the guardianship. I think things calmed down a bit this morning.

[tazbug]

I am not sure about how it works in Oregon but, in the state of Florida , A stepparent is considered to be a legal guardian of stepchildren. Go to [url]www.google.com[/url] and when the search box comes up type in "search oregon statutes" when you find the correct link and click on it then search for "legal guardian".....good luck.