will

[leah87]

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



I have a question we recently had a cousin who passed and left a will stating we get her 2 toddlers since there father recently passed also so my question is how do we obtain a will and how do we get custody???thanks for your time

[anteater]

Who has possession of the will?

Ultimately, the court appoints the guardian of the children. Unless there are reasons for the court to decide otherwise, the deceased's wishes will probably be honored. The Judicial Council of California has an informative website with plenty of good information:

[url=http://www.courtinfo.ca.gov/selfhelp/family/guardianship/]California Courts: Self-Help Center: Families & Children: Guardianship (Probate Court)[/url]

[curb1]

Where are the children now? Who is the personal representative for the estate?

[TrustUser]

hi anteater,

in california, there is a separate form that can be used for appointment of guardian, where someone does not necessarily have a will.

is there ever a time when a couple or individual can just simply start taking care of the child without any court involved ? (assuming that all parties are already in agreement)

[anteater]

Originally Posted by TrustUser

hi anteater,

in california, there is a separate form that can be used for appointment of guardian, where someone does not necessarily have a will.

Agreed, the will is not a necessity. But evidence of the deceased's wishes is always a good thing.

is there ever a time when a couple or individual can just simply start taking care of the child without any court involved ? (assuming that all parties are already in agreement)

Well, I guess it could be tried. But some third party is going to ask for the legal authority for the couple/individual making decisions on the child's behalf in pretty short order.

[leah87]

right now the children are with her mother but she had already told all her family members that she wanted us to have the children her and her husband had wrote this will but we just dont know how to go about getting the children i appreciate everyones help through this tough time thanks

[TrustUser]

i see. i was just wondering how that actually worked, since i have never experienced it, myself.

basically, you have to have some sort of legal document stating that you are now the child's caretaker ?

the guardian of children was a common clause in wills. but in california, it is advised to have a complete separate document, when that possibility exists, where you can place in much more detail than is typically included in a will.

so for example, if you have all your assets in trust, a will is not that necessary - but the trust has nothing to do with guardianship, so you should still have an appointment of guardian form filled out, if you have underage kids.

thanks for the info about the legalities.