Elizabeth Edwards made not a single mention of her estranged husband in a will she signed mere days before her death. Elizabeth Edwards lost her years long battle with breast cancer in early December, leaving behind three children.
She was raising two young children, Emma Claire and Jack. She had separated from presidential hopeful John Edwards in early 2010, after he admitted to fathering a daughter with Rielle Hunter during their affair.
Who will raise the kids now? Will they return to their dad, or go to live with big sister Cate, Elizabeth Edward’s older daughter?
Elizabeth’s will names Cate the children’s guardian in the event that they have no living parent. Their father is still very much alive, though.
Parents can’t bequeath their children like property in a will. No matter how bad things were between John and Elizabeth, she couldn’t will custody of the children to another relative, even one as close as their sister. Custody of the kids should automatically revert to John, unless Cate or another family member had grounds to sue for custody because the children were not properly cared for.
His choices with Rielle Hunter may be deplorable, but John Edwards is still the children’s father. Following the death of their mother, at home with dad is probably the best place for them to be. They’re lucky to have a big sister who can care for them in the event that something happened to their father. But as long as John is caring for them (and there’s no evidence he isn’t), they’re best off with their father. The last thing those kids need is even more disruption to their family life.