Niece guardianship/deceased

[Brod 2019]

Jurisdiction

Illinois

My niece just passed away, her gma has had legal custody of her just about her entire life. Her sperm donor is now trying to tell her gma. Now that she has passed her gma has no legal rights..I'm sure he is thinking he will get control over her life insurance and will or belongings..however she was 17..she has no will or insurance etc...is he right that her gma has lost control of the situation?

 

[zddoodah]

My niece just passed away, her gma has had legal custody of her just about her entire life.

Here's a list of some things that "gma" might stand for. Care to clarify which one you're talking about?

Her sperm donor is now trying to tell her gma.

"Trying to tell her gma" what? And what does "trying to tell" mean? Also, I assume that the reference to "her sperm donor" means your niece's father.

is he right that her gma has lost control of the situation?

You indicated that this child had no will or insurance, so what "situation" are you talking about? That said, a guardianship obviously terminates upon the death of the ward.

 

[Brod 2019]

Here's a list of some things that "gma" might stand for. Care to clarify which one you're talking about?



"Trying to tell her gma" what? And what does "trying to tell" mean? Also, I assume that the reference to "her sperm donor" means your niece's father.



You indicated that this child had no will or insurance, so what "situation" are you talking about? That said, a guardianship obviously terminates upon the death of the ward.

Here's a list of some things that "gma" might stand for. Care to clarify which one you're talking about?



"Trying to tell her gma" what? And what does "trying to tell" mean? Also, I assume that the reference to "her sperm donor" means your niece's father.



You indicated that this child had no will or insurance, so what "situation" are you talking about? That said, a guardianship obviously terminates upon the death of the ward.

I apologise for not being more specific, this is all happening as we speak. It's a mess..the situation is, my niece's grandma was about to start setting up the funeral arrangements. The funeral director told my niece's grandma,that the dad has already contacted them and that he is in control of all arrangements not the grandma nor the mom of my niece..I understand that anyone can set up a funeral. I understand there is no guardianship now. Can he legally say he has control of what happens with her funeral arrangements? When he has had nothing to do with her...prev previo

 

[zddoodah]

Can he legally say he has control of what happens with her funeral arrangements?

He can legally say anything he likes and, as you noted, anyone can set up a funeral. If the father wants to set up a funeral, he is free to do so. If the child's grandmother wants to set up a funeral, she is free to do so. If I want to set up a funeral, I'm free to do so.

Burial, however, is a separate issue. I don't know the specifics of Illinois, but in most states, if the grandmother has a guardianship, then she probably has the legal right to direct the disposition of the bodily remains. If that's an issue, then grandma ought to contact a local attorney ASAP because it may be necessary to take very quick legal action.