My husband of 8 years died suddenly Friday night... He left behind my 16 year old step daughter. Her mother died 9 years ago. Am I her legal guardian now?
Answer
I am sorry for your loss. Unless you adopted her, the answer is no. You could seek guardianship in the Probate Court and the decision is up to a judge. It would be helpful if your husband's closest biological relatives (and the closest relatives on the mother's side) are willing to consent.
Answer
I am so sorry. I know this is a tremendously difficult time for both you and your stepdaughter. If your husband had a Last Will & Testament designating you as the child's custodian, there should be no problem. If not, you can still file for guardianship. If the child's closest biological relatives know that would have been your husband's intent, they do not object and the child wants to remain with you, there shouldn't be a problem. If they do object, depending on the circumstances, you could still have a chance of obtaining guardianship. I suggest you meet with an attorney to discuss the procedure and your next step.
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