How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36646
Experience:  25 years of experience helping people like you.
9968427
Type Your Legal Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

my husband passed away leaving a will stating that he wants

Customer Question

my husband passed away leaving a will stating that he wants my daughter to have guardianship of my younger daughter. can he have that in his will?
Submitted: 3 years ago.
Category: Legal
Expert:  FiveStarLaw replied 3 years ago.

WebLaw :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

WebLaw :



So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

WebLaw :

although your husband may state his guardianship preference in his will, it is not binding

WebLaw :

a parent is the natural guardian of her child. You remain your child's guardian regardless of the language in the will unless a court has previously terminated your parental rights

WebLaw :


Please let me know if you have any questions concerning my answer. Otherwise please click accept.

Customer:

What do you mean by terminating your parental rights?

WebLaw :

This means that the court previously determined that you were not a fit parent and terminated your rights as a parent. If this did not occur you are your child's guardian

Customer:

I had visitation and we were starting custody mediation but then I did a bad thing since I did not have representation; my husband would not honor visitation and so I threatened to cancel the health insurance.

Customer:

That was bad and his attorney went and filed a petition against me and won. Visitation was ended. because the health insurance was a court order.

WebLaw :

This does not mean that your parental rights were terminated. It appears that you remain the legal guardian of your child

Customer:

how come by divorce attorney did not tell me that

WebLaw :

I do not know -- you should ask him. Remember I am answering your questions based upon the information you give me. Perhaps he has some other information that I am not aware of

Customer:

he was pissed that I called him at home and just said I do not do probate work.

WebLaw :

perhaps that is why he didn't tell you!

WebLaw :

It has been my pleasure to work with you

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..

Please let me know if I can assist you in the future by requesting me directly.

Customer:

Would it look bad if I do not attend my husband's funeral services today.

WebLaw :

I do not know

WebLaw :


J.A. policy requires that you start a new thread for a new question. Please accept the answer and then you may start your new question in a new thread

Customer:

Also my daughter has possession of my child right now and is not going to release her to me. She claims my daughter has no desire to see me. What can be done?

FiveStarLaw, Attorney
Category: Legal
Satisfied Customers: 36646
Experience: 25 years of experience helping people like you.
FiveStarLaw and 8 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
What about a rule: possession is half the battle won;

my daughter has temporary possession because the divorce court could never rule on motion to vacate and my husband passed away. What is possible now for me?

in probate court where she has filed to be permanent guardianship of my minor daughter ? Can information from a dismissed order of protection be used against me?

Expert:  FiveStarLaw replied 3 years ago.
Unfortunately these questions are much too detailed for me to feel comfortable answering. I am opting out. You may submit them to another expert who may have a different opinion

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
FiveStarLaw
FiveStarLaw
Attorney
8236 Satisfied Customers
25 years of experience helping people like you.