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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My brother passed away tragically in an accident this past

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My brother passed away tragically in an accident this past May, 2013. He left one child behind, a ten year old daughter. My brother was an heir to my fathers estate that was rock solid. The child's mother, who is married to another man, is suing my fathers estate for my brothers inheritance. My brother received more from the estate than he was entitled to. Money is not the core issue with me. Not being able to see my niece is the issue. The child's mother will not allow my mother or myself to have any contact with my niece because she wants money that she is not entitled to. The child's mother kept her away from my brother a lot of the time. He could not see the child unless he took the mother back, even though she was and is married to someone else. What legal action do we as mother and sister of the deceased, grandmother and aunt to the surviving child have in order to get anytype of visitation with the child?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


First let me express my sincere condolences on the loss of your brother.

I am a Florida licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

The child's grandparent may petition the court for third-party visitation of your niece.

When a child has two living fit parents, grandparent visitation is not available. However a grandparent may obtain visitation rights if the grandparents child is unavailable for visitation or custody of his child. For example in a situation as you have described where the child's parent is deceased the court may award the grandparent visitation.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 4 years ago.
How much could we anticipate this action to cost.

Hello Stephanie,

You can expect an attorney to charge you on an hourly basis. Attorney's fees typically range between $150 per hour and $300 per hour. You can assume a minimum of 10 hours of attorney time
Ellen and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

would I stand a chance at getting visitation if my mom doesn't want to proceed with legal issues?


Yes – Usually the visitation rights are extended to one member of the deceased parent's family. Your mother would have preference but if she chose not to proceed, you could petition the court for visitation