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My Sil Died, What Happens To Her Children?

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Location: Colorado, Denver Metro area

My brother died in 2022 (age 36), my SIL died yesterday (age 41). They split around 2017 and had two children currently 15f and 12m, SIL was awarded primary custody because of some legal troubles my brother got himself into.

My mother was a primary caregiver for the kids when SIL was at work (their whole lives but especially after my brother died) and SIL was (as I learned last night) no-contact with her family of origin who live in the Bay area.

It is extremely unlikely that SIL had a will or POA or any legal framework in place for the children in the event of her death.

Who do the kids go to? Like is there a legal next of kin hierarchy? If my mother had been declared an unfit parent in the past could that prevent her from being able to take custody of my niece and nephew?

I have serious concerns about them growing up in the household my brother and I did; is it possible that there will be an opportunity to voice my concerns to a guardian ad litem or some similar representative for the kids? Do we have to petition for that or would the court do that automatically? What is standard practice for children in this situation?

I'm sorry this is all over the place, I'm not even sure what questions I need to ask.

submitted by /u/gaysurrogateflamingo
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