Guardianship after death of both parents ..continued

What is the name of your state? CA

Since reading the other post about custody after the death of both parents, I now realize that what my brother may want should he pass may not really happen. He has it in his will that my husband and I become the legal guardians of the 2 minor kids. Since you can't "will" your kids (as seen on the other thread), his wishes may hit some snags.
Currently my brother has sole custody of his 2 kids, his wife recently passed on. His ex's parents are going to sue for visitation under "grandparent's rights." Anyway, he doesn't want them to have anything to do with the kids. My question is this, he was talking about letting me adopt his kids. He is having an extremely hard time financially and not in such hot health. He wants to protect the kids should something happen to him. His ex's parents are in their late 60's grandma already had 1 major stroke and he can't stand them. Their relationship has always been combative at best. Additionally, financially my husband and I are much better off and we are in our 30's.
If he does allow us to adopt them, will the granparents have any say? Can they sue me for visitation? Can they contest the adoption? Will that ensure that the kids stay with who he wants should he die?

maray11 said:

What is the name of your state? CA


If he does allow us to adopt them, will the granparents have any say? Can they sue me for visitation? Can they contest the adoption? Will that ensure that the kids stay with who he wants should he die?

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My response:

No. Under specified circumstances, however, Grandparents (and other birth relatives) may be allowed continuing contact and visitation after adoption of the child pursuant to a "kinship adoption agreement" approved by the court in the adoption proceeding. [Ca Fam § 8714.7 (applicable where child adopted by relative); see discussion in In re Kimberly S. (1999) 71 Cal.App.4th 405, 408-412, 83 Cal.Rptr.2d 740, 743-744]

So, if the grandparents intervene in the adoption, they will more than likely be able to continue their visitations.

IAAL

Right now the grandparents have no visitation and are just "threatening" to sue. Whether they have the funds to persue that avenue is another thing.
Is this the way to go if he wants us to take care of his kids? Would they have to be notified if my brother decides to have us adopt them?

maray11 said:

Right now the grandparents have no visitation and are just "threatening" to sue. Whether they have the funds to persue that avenue is another thing.
Is this the way to go if he wants us to take care of his kids? Would they have to be notified if my brother decides to have us adopt them?

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My response:

Look, adopting the children isn't going to "divest" the grandparents of their rights - - if they choose to exercise those rights. All you're doing is "shifting" the custody of the children, but doing that does not decrease the Grandparent's interests in their grandchildren.

The notification will be necessary in the adoption process. But, if you're doing this to merely assist him in "hiding" the children from the grandparents, it isn't going to work.

IAAL