Wife's sister passed away, left two minor children, does biological father retain all rights to kids and possesions by default?

Asked almost 2 years ago - Chicago, IL

He wants all possesions, paper work, vehicle, everything and is using the biological "custody" card. She verbalized her wishes to multiple people.

Attorney answers (3)

  1. 5

    Lawyers agree

    Answered . Depends, was there a will? Were they married? (The word biological presumes no, but who knows) Not enough info to know what's going on. Someone has to see a Probate lawyer (Preferably one with family law experience) at this stage to sort this out.

  2. 4

    Lawyers agree

    Answered . There could still be a contest over custody. When did she pass? Where have the children been before she passed and since then. If the kids were with you and your wife there could be standing to get custody. Go talk to a probate attorney who has some custody expertise. The longer you wait the harder it will be. The children are more important than the possessions. If she had no will the possessions will go to the children.

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  3. 1

    Lawyer agrees

    Answered . Yes

Related Topics

Child custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Father's rights in child custody

Father's rights refers to the parental rights of the father, primarily child custody and visitation rights. Fathers sometimes also need to establish paternity.

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