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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34260
Experience:  16 yrs. of experience including family law.
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My brother passed away recently and now his daughter( 17yr

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My brother passed away recently and now his daughter( 17yr old. DOB 12/31/91) is living with my wife & I. Her insurance coverage ended 5/31. In order for her to have coverage under my employer I have to be shown as her lehal guardian. How do I go about that living here in SE Michigan?
Submitted: 8 years ago.
Category: Family Law
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to assist. After the passing of your brother, did the court issue an order for custody of the daughter? Or is that still in the process of the courts?
Customer: replied 8 years ago.
No court has issued any order. In my brothers' will it was his request that she live with my wife & I.. No one outside of my home has seen the will either.....I think, as an afterthought, my brother said that since she was 17 she could really live wherever whe wanted...
Expert:  P. Simmons replied 8 years ago.

Sorry, one more...did you inherit from the will at all (besides the daughter's care)?
Customer: replied 8 years ago.
Nothing from the will. He had nothing.
Expert:  P. Simmons replied 8 years ago.

OK, to get custody of the daughter, you need the court to grant this. Typically this will occur during the probate process of the estate. When a person dies and requests that another care for their children, its up to the court to approve or deny that request. Typically the court will approve the request, particularly for a family member.

I would head down to your county court and speak with the clerk of the court. They can get you pointed in the right direction. You should bring the will and a copy of the death certificate as well as the daughters birth certificate.

Best of luck

Customer: replied 8 years ago.
Expert:  P. Simmons replied 8 years ago.
Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
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