Dad (Ex-spouse) of our 11 yr old died without a will.

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sadmom1

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My daughter's father and I divorced 10 years ago when she was 1. For years, we've worked together to raise her. We had two disagreements in 10 years. He died in a logging accident on 12/11/10 in Barnstead, NH at the age of 41 with no life insurance, etc. His sister went down and filed to handle the estate. Since I never really depended on him financially (his child support order was $62/week and I never asked for it to be raised in 10 years as he was always behind). I knew that about him going into the marriage, so this was never really an issue. The thing he was better at was spending time with her. He worked for himself and lived in the home he grew up in with his Mom and older sister. He didn't have a lot of assets. He picked her up every afternoon from school and she stayed the summer days with him. He would take her fishing, camping or hunting. He was an excellent father.

I didn't say anything at first when the sister became executor, because I didn't think it would truly matter. I know she loves her brother and our daughter. She's good with money and has always been the responsible one.

This is where the trouble comes in. I'm certain the sister is giving every ounce of her energy to trying to figure out what is going on with his finances, his business and his belongings, but she's also now coming between my daughter and I. She's picked her up from school or things to help me out, but then she's allowed her to have candy before dinner. When I see Melody having it, I said something to her and got, "Auntie Linda said I could." Small...I admit, but then things got bigger. Her Dad was going to buy her a turtle (to keep where he lives) so now the aunt has told her she would buy it. I keep my home at 60 degrees to save money in the winter. I can't keep it at 70 all winter to keep a turtle. She should be asking me before she offers to buy my daughter a pet that will live the next 20 years. Then it got bigger. I was making arrangements for her to stay with a neighbor after school. This woman has 4 young children, lives directly across the street and is very nice. This is a great spot for my daughter as she would feel more like a helper instead of being babysat. The Aunt told her she only had to go there if she wanted to.

I have to be able to make the arrangements I see proper for my daughter. I think I took for granted how much her father and I were on the same page and agreed on just about everything. I've worked very hard to build a strong relationship with my duaghter and I can not have this sister undermining our relationship at this important time in her life. I never had that with her father and I definitely can't have that now of all times. Her father and I were very respectful and trusting of each other. It doesn't seem to be working out that way with the Aunt.

How do I stand my ground with her, but keep her from withholding any funds or belongings that are rightfully my daughter's?
 
You must choose.
The aunt has no standing with the child unless you permit it.

You can prohibit the child from seeing the aunt, if you disagree with her "teachings".

This is a no brainer.

There is no money.

Children need guidance, not "stuff".

You need to make choices and stand by them.

You might also want to rethink that 60 degree home temperature idea? That could be considered neglect.

Otherwise, it could be time to just say no.
 
army is right. talk to the aunt and tell her how you feel and the rules of your child must be kept if she wants to continue to spend time with her. You could also talk to a attorney about anything that may be your daughters. Hopefully auntie wont hold anything from the child just because she gets mad at you. Good luck. and sorry to hear of you and your daughters loss.
 
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