QUESTION

Can a unwed mother will her kids to her boyfriend upon her death if they are not his kids but another guys?

Asked on Sep 22nd, 2021 on Child Custody - Michigan
More details to this question:
My girlfriend wants to Will her kids to me in case she dies before me. I am not the natural father. We are not married
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1 ANSWER

Estate Planning Attorney serving Dimondale, MI at Cornerstone Legal PLLC
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This is a tough situation.  First, if your girlfriend has a legal custody agreement with the children's father, that agreement would likely spell out who obtains legal and physical custody if one of them passes away.     She can certainly appoint a guardian for her children in a legal document, so long as any custody agreement doesn't prevent this.  Her wishes could then be considered if she passed away and someone needed to petition the probate court to appoint a guardian.  There are many factors that go into making this determination.  
Answered on Dec 01st, 2021 at 2:37 PM

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