Death of Both Parents

[MattyMustng]

What is the name of your state (only U.S. law)?

Pennsylvania

Okay, if there are two parents that have two children (ages 9 and 15). Both parents die in a car accident. There are no living relatives, except one -- the mother's brother.

My question is... how does someone (in this case, the parents) say that they want the children to go the the uncle? How do they put that in writing (e.g. what document do they use)? Also, what happens if they say they want custody transferred to him, but he doesn't want to? Or, what if they have no written "will"? Does the law automatically assume closest living relative? What if, in that case, the uncle doesn't want them?

And finally, I assume they'd go to a foster home if he didn't. Is it possible for a person to keep children temporarily until adoptive parents can be found?

Thanks for any responses or information you can give me. Any references that you may know of would be fantastic too. Thanks a ton.

 

[LdiJ]

What is the name of your state (only U.S. law)?

Pennsylvania

Okay, if there are two parents that have two children (ages 9 and 15). Both parents die in a car accident. There are no living relatives, except one -- the mother's brother.

My question is... how does someone (in this case, the parents) say that they want the children to go the the uncle? How do they put that in writing (e.g. what document do they use)? Also, what happens if they say they want custody transferred to him, but he doesn't want to? Or, what if they have no written "will"? Does the law automatically assume closest living relative? What if, in that case, the uncle doesn't want them?

And finally, I assume they'd go to a foster home if he didn't. Is it possible for a person to keep children temporarily until adoptive parents can be found?

Thanks for any responses or information you can give me. Any references that you may know of would be fantastic too. Thanks a ton.

The parents can set up a standby guardianship for their children, so that someone of their choosing (and who agrees to be the standby guardian) would immediately take guardianship of their children should they be incapacitated or pass away. If no one else challenges that guardianship, it would stand. That does not have to be a relative, it can be anyone that they trust to properly care for their children.

They can name the uncle in their will, but a will is not binding (because children are not property) and if the uncle is not willing to take on the children, they will end up in foster care.

I would strongly recommend that they set up a trust, so that their assets will be held in trust for the children.