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4 Year Old Niece/Both parents are dead

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CONCERNED AUNT

Guest
Florida is the state where my 4 year old niece is in residence with her maternal grandmother - who was given guardianship by the courts in March. The childs mother has been missing for almost a year (in August '02) and the father was the major suspect in her dissapperance. He was not able to care for the child and she was given to foster care while my mother and family went to court to get the baby. The mother is still missing and assumed dead. On April 6th - the father died from natural causes. He left a copy of a will stating that if anything should happen to him - his properties where to be given to his wife and child. We have a copy of the deed to the property that has his name and his wifes name on it. Does the surviving child have any claim to the property? His parents and sisters have taken over the property (put locks on the home) and we are out of money because we used it up in prior legal fees to obtain custody of the baby when he was alive. Our attorney will not speak with us unless we can sign over another 5K. We don't know what to do as far as finding out what are her rights? Thank you so much and God Bless you for your kind help. Its an ugly situation and that baby has been through enough already.
 


ALawyer

Senior Member
I do not know what to say, the situation is horrible.

I am a bit confused as to who is who - was the father of the child married to the mother? Or smeone else? If there is any evidence he kiled her, then the father would be liable for "wrongful death" and the child would inherit. Whart is the police saying about this?If the child is beneficiary in the Will, then someone
- grandma - most likely should seek to be appointed executor of the will.

Lawyers have bills to pay and are entitled to make a living, and usually require a retainer in advance in cases in which liability is uncertain or collection of any judgment is dubious.
 

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