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A will and guardian ship question

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lize smook

Junior Member
What is the name of your state? Florida.

My wife and I are green card holders and citizens of South Africa. We are living in the US with a 6 year old girl and an eighteen year old boy. We are trying to make provision in our wills for our daughter’s grand parents in South Africa to have custody of her in the event of us both dying at the same time. The problem lies with wording the will in such a way that allows our son to get them both onto a plane and take her to her grand parents in South Africa. We have been told that he will not be allowed to leave the US with her with as he is neither her legal guardian or has custody of her.

Even if we nominate him in our wills as the guardian, he will need to get some or other document from a court to prove this when he tries to leave the country with his sister. That could take for ever and be an overwhelming task for a youngster still in school and who has just lost his parents.

We need to provide a solution that allows both of them to immediately get on a plane and leave the country in the event of our unexpected deaths.

With regards to winding up our estate and affairs, we have nominated someone to take care of that but do not know what to do to get our daughter back to her family.What is the name of your state?
 



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