What happens to a child if a parent dies?

Regardless of who has custody, or if the deceased parent has a will, the surviving parent will be considered the child’s natural guardian. An order of custody does not terminate the non-custodial parent’s parental rights and, if appropriate, the child will go to them.

Can my aunt adopt me?

Yes, your aunt may adopt you as an adult. You both need at least one lawyer with specialties in both family law and immigration but more likely two different attorneys. Depending on the state in which she resides the procedure for adult adoption will vary.

Can an aunt adopt a child?

As long as you are an adult, you can adopt a child in California. Exceptions to this age gap requirement may be made if the adopting parent is a stepparent, sister, brother, aunt, uncle or first cousin of the child.

Can your aunt and uncle adopt you?

Not unless their parental rights have already been terminated. They would have to be given notice of an adoption proceeding.

Do your parents have to be dead to be an orphan?

Various groups use different definitions to identify orphans. One legal definition used in the United States is a minor bereft through “death or disappearance of, abandonment or desertion by, or separation or loss from, both parents”. In the common use, an orphan does not have any surviving parent to care for them.

Can a court give a child to an aunt or uncle?

Some circumstances prohibit either parent from having custody of a child, either on a temporary or permanent basis. In this case, the state law may require that the child be placed in foster care. Before doing so, the court may consider giving custody to an aunt or uncle, if they can meet the conditions set by the court.

Can a child inherit property from a parent who has passed away?

While this is generally legal, the disinheritance must be very explicit or else a court may assume that the parent left the child out by accident. In that case, the child may have a right to inherit property under state law.

What are my rights as a child of a deceased person?

As a child of the deceased person, you have certain rights—regardless of whether your parents’ wills named you, a sibling, or someone else as the personal representative. The passing of one or both of your parents can be extremely difficult.

What happens if there are two children in a will?

If there are two children, then the surviving spouse and the two children each receive a third of the property. Because a child is considered an “interested person” in regards to their parent’s property, they have a right to contest a parent’s will if they believe something is wrong.