Guardianship of Donaldson

I

Introduction

David, age seven, and his five-year-old sister, Tammy, were the subjects of a custody contest between their paternal aunt in California and their maternal grandparents in Illinois.

The children’s father obtained sole custody in dissolution proceedings. About two and one-half years later he died and the children were placed informally with the aunt. Unbeknownst to the aunt, the mother made arrangements through an attorney to have the children live with the maternal grandparents in Illinois. The grandparents, under the pretext of visitation, took the children to Illinois.

The aunt and grandparents filed petitions for guardianship almost simultaneously in their respective states. Each state rendered orders granting letters of guardianship; California to the aunt, and Illinois to the grandparents. The aunt did not obtain letters of guardianship. The mother appeals the California order granting letters of guardianship to the aunt.

The issues and our holdings are:

1. Is the order granting letters of guardianship appealable, as opposed to the letters? We hold it is the order.

2. Upon death of a parent who obtained sole custody of the children in a…