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Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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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: 5 years ago.
Category: Legal
Expert:  Ellen replied 5 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?

Ellen and other Legal Specialists are ready to help you
Customer: replied 5 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:  Ellen replied 5 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