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Contesting a Will

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cutigersr1

Junior Member
I live in South Carolina and my mother just recently passed away. She made a friend of hers executor of the estate and the guardian of my 14 year old brother. Would I have to contest the will in order to get custody of him or could she just sign it over saying that she is unable to take care of him?What is the name of your state (only U.S. law)?
 


HomeGuru

Senior Member
I live in South Carolina and my mother just recently passed away. She made a friend of hers executor of the estate and the guardian of my 14 year old brother. Would I have to contest the will in order to get custody of him or could she just sign it over saying that she is unable to take care of him?What is the name of your state (only U.S. law)?
**A: if you are an adult, all she needs to do is submit her request to the probate court. Who has custody of your brother now?
 

cutigersr1

Junior Member
The will just said that she would have guardianship. She is also the executor of the estate. Would that make a difference?
 

cutigersr1

Junior Member
Is it normal for the will to give someone guardianship and not custody? There is a difference, right? Could somone have custody and someone different have guardianship over him?
 

Dandy Don

Senior Member
You need to get clarification from a family law attorney because you have confused too many legal issues together without understanding what is involved.
 

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