Has Your Sibling Died Without A Will And You Need Help Getting Custody Of The Kids? Find A Probate Lawyer Today
If your sibling has died and they have young children, and they had no living will or plan, you want to act quickly in the best interests of the children. If your parents aren't involved, aren't alive or don't want the responsibilities of managing the estate, you want to find a probate attorney, like H. Charles Woerner, Jr. PA, to see what you need to do.
This means that you want to file to be the administrator of their estate, since they don't have an executor named in the will, and you want to file for temporary custody of the children. Talk with the lawyer about the following things right away.
Child Custody Concerns
Without a will or document stating where your sibling wanted the children to go if they passed, it can be difficult to get custody of the children. The first call the courts may make could be to your parents if it applies. If this isn't a good option and if you would have been your first choice, get a lawyer and you and your parents can sit down to talk in front of a judge, so you can care for the children. This is a top priority since it's an immediate concern.
Apply for Probate Administrator
Apply to be the administrator of the estate. This means you will have responsibilities for helping to take care of the assets that your sibling had, their finances, and all other things that were pertinent in their life. You will get some money for doing this, but it's more important that you are able to set up a trust for the kids or get money to help the kids out for the rest of their lives.
Social Security for the Kids
The probate attorney can also apply for social security for the kids so that there is money for their basic needs if your sibling didn't have any type of will or trust or any money saved. If there is no life insurance policy, this social security may be all that they have.
Talk with a probate attorney as soon as you are able to, even though it's such a sensitive time in your life. There are a lot of things that will need to happen legally for you to help with the estate and for you to get custody of the kids, so get on top of the process and find a legal professional to represent your case right away.