I left my daughter with my husband in March 2009. We were haggling with divorce and custody until now. I always stayed in contact with my daughter. My husband passed away on Sunday and his family want to keep my daughter even though I am alive and wanting to claim her. Is that legal?

It is not illegal. When the custodial parent dies, the non custodial parent generally regains custody. But there may be extenuating circumstances. So you need to get a court to rule.

You can try and go pick up your daughter. But if his family refuses to turn her over, then you will need to get a court order.