she wants to become his legal parent and the father her husband has given his consent. as my the estate representative cant I dispute this. They were not very involved at all with my nephew before my sisters passing and when I saw the documents they were not completely true accounts of the situation before my sisters passing.
Your question is difficult to understand. It seems that you are stating that your sister passed away, and his step-mother who is married to the natural father of the child, wants to adopt the child., The boy's father apparently agrees with this.
If this is the fact situation, this is a family law/adoption matter. It is not a probate matter. The probate matter might control what happens to the money the child inherited, will inherit, but does not control the parenting question.
I do not know, if you as the child's relative can intercede in an adoption proceeding. You need to contact a family lawyer familiar with adoptions. If the adoption proceeding has started, you must act immediately
I am changing the area of practice.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
I agree with Mr. Glick. This is an adoption issue, not a probate issue. Moving question.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
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