More details to this question:
My friend just died and left a 4 year old boy. There is no father in the picture. There is a will where she leaves custody of the boy to her best friend but the copy is not signed (there may be a signed copy somewhere). Now the grandparents want to take the boy out of the country. Can they legally do it? Is the unsigned will valid at all?
7 ANSWERS
Glen Edward Ashman
An unsigned will is of no use whatsoever.
Answered on Nov 29th, 2011 at 8:18 AM
3 Awards
Probably not. But one cannot Will or bequeath a child. The child needs to be placed through a legal guardianship or other custodial order. The issue that the court will vet is what is in the child's best interest.
Answered on Nov 28th, 2011 at 10:39 PM
Business Entity Formation Attorney serving Poughkeepsie, NY
Partner at
Law Offices of Lorenzo L. Angelino
2 Awards
No. An un-executed Will is not a valid Will, however, if you believe that a signed Will exists somewhere, and this is merely a copy, a proper search should be done, and the local Surrogate's Court administering this person's estate should be notified of the potential Will.
Answered on Nov 28th, 2011 at 10:35 PM
Tax Attorney serving Portland, OR
at
Bullivant Houser Bailey PC
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The unsigned will has no legal effect. You should try to locate a signed copy.
Answered on Nov 28th, 2011 at 9:48 PM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
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Not in estate planning. As evidence of what she wanted for the child, maybe, but it's really, really thin as against the wishes of family.
Answered on Nov 28th, 2011 at 4:25 PM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
An unsigned will is not valid, perhaps you can find a signed copy. The grandparents would have to obtain permission to take the child
Answered on Nov 28th, 2011 at 4:25 PM
An unsigned will is not valid. Her friend would not have priority over the child's grandparents unless there is a signed will naming the friend as the child's legal guardian.
Answered on Nov 28th, 2011 at 4:24 PM