My mother had custody of my son and was going through the adoption process at the time of her passing. She only had temporary guardianship of my daughter. Although her will has not been read, it is believed she wanted my children to go live with my sister after her death. My sister snuck off out of state with my children right after the funeral. My question is whether or not it is legal to leave one human being to another via a will!
Technically, and there are no specifics in your post or profile your sister could be charged with Kidnapping if she has no legal Guardianship of your children.
If your question is how do you regain custody of your children this is something that you need to discuss with a lawyer and the sooner the better.
My sister lived in MD. She had a minor son. My brother in NC. Brother needed to establish guardianship in the state of NC where he lived. The court allowed the cost of guardianship to come from my sisters Life insurance policy where my nephew was beneficiary. My other brother and I had to sign paperwork saying we would not contest.
I would think Mom had custody thru the court plus guardianship. You need to contact Family Court and tell them sister not only took ur kids but she took them out of state. Which even with custody/guardianship I would think is not allowed if she is planning to live in another state.
Good Luck and come back and tell us how things are going.
And, contrary to popular belief you can not transfer, appoint or otherwise give guardianship of your minor children to another person - family member or not.
Once legal parents or legal guardians are out of the picture a new guardian must be appointed by a judge in a court of law.
One can make their wishes known through various methods as to whom they’d like/prefer to assume guardianship and/or custodial care of their minor children - but ultimately it is up to a judge.