I am trying to help my friend (from here on known as Jane)get some legal advise for her situation; details below:

Jane and her boyfriend(from here on known as John) have been living together for the past 7 yrs. with their 5 yr old son, and John's 3 other children (16 yr old girl, and 14 yr old boy-girl twins).

Tragically one week ago John died. Since then John's brother bordered up the house(?) and has not let Jane and her kids go home. all 4 kids are currently staying at John's Aunts house. the 5 yr old 14 yr old boys DO NOT want to be separated (understandably), but since Jane isn't the birth mother of all the kids, John's aunt will only let her take the 5 yr old.
In fact, all 4 kids want to live back in their home with Jane and the birth mother of the three older children is willing to give custody to Jane.

What can Jane do? What rights does she have?
Can you PLEASE give me some advise; she doesn't know what to do and the kids have asked her to try harder?

Your advice is greatly appreciated!

Thank you so much!

Jane needs a family lawyer today.

She may, repeat may, be considered John's common law wife, but I don't know what that will do for her chances of custody. A lawyer will navigate that water for you.

In addition, if Jane is declared John's common law wife, community property will come into play and the house, if owned by John, will now be hers.

On an aside, this is an EXCEPTIONAL lesson in why wills and estate planning are vitally important to the continuation of family.... in today's world of his/hers/ours, the legal groundwork of who goes with whom must be laid out in advance.