Getting Guardianship of Minor Children After Someone Dies
Losing a loved one is traumatic for adults, but especially for children who lose their parents. If you are the grandparent, aunt, uncle or other relative of minor children who are orphaned by the death of their parents, you should seek guardianship as soon as possible to care for the children.
Guardianship is handled by the probate courts in Texas. You will need legal guardianship to get medical care for the children and to enroll them in school or to change schools.
Simply being named as the guardian in the decedent's will does not give you legal guardianship. Even if the decedent named you as guardian in his or her will, if the children have a living parent, he or she is likely to be granted custody of the children unless you can show evidence that the parent is unwilling or unfit to care for the children.
The best course of action is to select an experienced guardianship and probate litigation attorney who is familiar with your local court system to explain the process and be your advocate.