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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.
I am sorry to hear this.
Is there a mother at all?
OKSo what the father has to do is put a provision in his Will stating he wants your niece to have guardianship of the children and that will help a lot.
But this provision is not binding.
A better approach if there is time is for her to adopt the children now. That way there is no issue of anyone else trying to seek custody. If they do the Will will be excellent evidence to show what the father thought was best for the kids but it is not a guarantee. The adoption is the safest approach.
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Is there anything more I can help you with at this point in time?