Submitted by Karen64 on Sat, 10/29/2011 - 07:43
Hello. I have one sister and one living parent, our father. My sister is ill and has a history of drug use. I never asked her, but I'm fairly sure she does not have a will or any type of estate plan in place. She has no money and rents her home. She has told me that she wants me to take care of her daughter, my niece, if she dies. How can I go about making sure that happens? My father is elderly and would certainly approve, and the father was never known. Is it legal for me to pay for an attorney to draft a will for her?
custody of child after death of parents
First, if your sister dies without creating a will or other document that specifies that you should take custody of her minor child, then the state automatically takes legal custody of the child. A judge then decides who should have permanent custody of the child. It is likely that, assuming there are no glaring issues in your life, you will be able to convince the judge to give custody to you. However, depending on the age of the child, even a very short period of confusion or uncertainty regarding who she will live with can be upsetting.
The better course, as you suggest is to have your sister create an estate plan, including wills, a trust (if necessary), power of attorney, and healthcare proxy. The will and/or trust should specify her preference for her child's guardian, and the other documents will allow you to help her with other personal and medical issues if her health declines. It is perfectly legal for you to pay an attorney to consult with your sister and help her create an estate plan. However, in general, someone who makes that type of offer should stay clear of the process and let the attorney and the recipient come up with a plan without any hint of undue influence or other impropriety. I'm sorry about your sister, and I hope things work our for all involved. Good luck.