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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 36125
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband submitted a will and asked that my older daughter

Customer Question

My husband submitted a will and asked that my older daughter be guardian of the minor child. my husband passed away.

My older daughter is taking that will to probate court asking for guardianship and is seeking to continue the restrictions about visitation originating in divorce court to the probate court.

What can I do?

my divorce attorney did not lock down my alimony when he knew my husband was going to die.
Submitted: 5 years ago.
Category: Family Law
Expert:  LawTalk replied 5 years ago.
Good morning,

You go to the probate court and you fight the Petition for Guardianship based on the fact that you are the parent of the child and that you have the legal right to raise your own child.

If the court does not find you incapable of caring for your child, the judge will deny the petition and you will be able to take custody of your child.

Custody arrangements as between parents no longer exist after the death of one of the parents---and one parent does not have the legal right to grant custody to another person when there is one parent still alive and entitled to custody under the law.

You are asking numerous questions this morning, and this is the third one I have worked on for you. Would you be so kind as to look at the other questions so that we can get those resolved? Thanks in advance.

I wish you the best.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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