Deceased parent leaving minor children without another parent

LIST Code

ES-03-03-06-00

Title

Deceased parent leaving minor children without another parent

Definition

Legal issues related to determining who will care for minor children when a parent dies and there is no surviving parent. This includes establishing legal guardianship, understanding parental rights, and addressing financial and estate matters affecting the children. This issue covers situations where a parent passes away leaving minor children and no legal spouse to assume custody. Key questions include whether the deceased parent named a guardian in a will, whether another legal parent has custody rights, and how a court determines who will serve as guardian if there is no clear designation. If the other biological or legal parent is living, that parent may have priority rights unless a court finds otherwise. It also includes understanding the process for petitioning the court for guardianship, addressing temporary care arrangements, and ensuring the children’s financial support through survivor benefits, trusts, or estate administration. Legal questions may involve prioritizing the children’s best interests, resolving disputes among relatives, managing inherited funds for minors, and coordinating custody with probate proceedings. Procedures vary by jurisdiction and the specific family circumstances. Includes: - Determining custody of minor children after a parent’s death - Petitioning for guardianship of minor children - Priority of surviving biological or legal parent - Temporary custody arrangements - Accessing survivor benefits or inheritance for minors - Court standards based on the child’s best interests - Resolving disputes among relatives over guardianship

Location in LIST