If my sister was murdered, how can I obtain legal guardianship over my nephews?

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If my sister was murdered, how can I obtain legal guardianship over my nephews?

It is 3 boys; 1 of the father’s is incarcerated and paternity was never established for the other 2.

Asked on June 19, 2014 under Estate Planning, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I applaud you and your taking on the care of these boys.  They are very lucky.  You could do this yourself and file what is known as a Petition for Appointment of a Guardian and Conservator by getting the Petition from the court clerk of the Probate Division of the Circuit Court in the county where the children live. Once the Petition is filled out and the fees paid the Petition is to be delivered to the Sheriff for service upon the caretaker.  But I really think that in this case you should speak with a lawyer about this all because the rights of the fathers - even if paternity was not established - may have to be terminated legally for you to go forward. Good luck.


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