Is this true that In US, state take care of the kids if both the parents die, ( unless mentioned in Will or Trust) ?. Is this hold good only for kids and parents who are citizens? or to any citizen kid whose parents are either citizen or greencard or H1 or B1?
Is it mandatory to mention in Will or trust that the kids should be given to their grand parents/relatives otherwise they will be taken care by the state?
Where do kids go if both the parents die?
Where do kids go if both the parents die?
This is hearsay, so treat it as that: I believe, that kids are then placed with grandparents if they are alive and willing or placed with child protection agency and may be given for adoption. This is for US citizens. If the children are not citizens, I think they may send the kids back to their home country.
Where do kids go if both the parents die?
The details could vary from state to state
But in general, a family court judge decides who gets the kids. The judge would certainly consider your wishes - if you state them in your will. The judge would certainly consider the fact if the kids have willing relatives and/or grandparents. However the judge gets to decide if they will get the kids.
If there are no willing relatives, the judge will place the kids with foster care.
I am not sure how a non-citizen kid will be treated. I am also not sure how the fact that the relatives reside in a different country will play into the judge's decision.
But in general, a family court judge decides who gets the kids. The judge would certainly consider your wishes - if you state them in your will. The judge would certainly consider the fact if the kids have willing relatives and/or grandparents. However the judge gets to decide if they will get the kids.
If there are no willing relatives, the judge will place the kids with foster care.
I am not sure how a non-citizen kid will be treated. I am also not sure how the fact that the relatives reside in a different country will play into the judge's decision.
Where do kids go if both the parents die?
apanati;299702Is this true that In US, state take care of the kids if both the parents die, ( unless mentioned in Will or Trust) ?. Is this hold good only for kids and parents who are citizens? or to any citizen kid whose parents are either citizen or greencard or H1 or B1?
Is it mandatory to mention in Will or trust that the kids should be given to their grand parents/relatives otherwise they will be taken care by the state?
Its advisable not to leave to chances. We just got our will done and the lawyer mentioned even if you appoint grand parents as guardian, its better to appoint some one local as temporary guardian till they arrive so that kids dont have to spend the interim days in foster care till the court decides and fulfills your will.