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Inheritance Rights of Teen Children

My mom passed away in May and I'm 19 with 2 other siblings. We were told that we could have whatever belongs to our mother, but her boyfriend is taking it. Can he do that? He also said we couldn't get her Social Security until my little brother turned 18.

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September 24, 20170 found this helpful
Best Answer

Verbal agreements are hard to enforce in court. Thats why it is so important to have a written will. You can have survivors benefits if you are in high school full time until 19. I would make an appointment with social security. I would also contact the Legal Aid Society for a free lawyer to help you with getting possessions that your mother wanted to give you. Good luck.

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September 24, 20170 found this helpful
Best Answer

Sorry about your mother!

Is there a relative or close friend of your mother who can help you to know what to do legally?

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Call your local Social Security office and make an appointment. Bring all copies that you can of your siblings' birth certificates, school information etc. for your meeting.

Call the Legal Aid society in your area, explain that your mother's boyfriend has taken your mother's belongings and make an appointment with the attorney to discuss your rights and what you can do to have the boyfriend return your mother's belongings.

Good Luck!

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September 25, 20170 found this helpful
Best Answer
  • If they were common law he has a right to community property.
  • Each spouse owns 1 1/2 interest.
  • The spouse cannot give away your mothers share of her property.
  • It is really complicated because the laws are different for each state.
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  • I would contact a lawyer.
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September 24, 20170 found this helpful

When there is no will to name an executor, state law provides a list of people who are eligible to fill the role. If a probate court proceeding is necessary, the court will choose someone based on that priority list. Most states make the surviving spouse or registered domestic partner, if any, the first choice. Adult children are usually next on the list, followed by other family members. I would contact Social Security ASAP to take the next steps: 1-800-772-1213

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September 25, 20171 found this helpful

I am sorry this is happening to you but it is very good that you are questioning your rights as situations where there is no will can be very complicated.

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  • The first thing you must do is gather all of your papers and go (in person) to the Social Security office (you can make an appointments on-line) and find out what benefits you and your siblings are entitled to.
  • If your mother worked and has work credits with SS then all of you may be entitled to benefits.
  • Who received the $255 death/burial benefit from SS? Ask this also when you visit the SS office.
  • It would be best if you and your siblings go to the SS office together as they may want to know who is the children's guardian.
  • Where does your father fit into your life? Deceased - divorced - separated? Your siblings guardian? Where are you and your siblings living now? Who is taking care of all of you and providing shelter, food and other necessities? Are you and your siblings still in school? These are some of the questions the SS may ask you.
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  • Be sure to have all SS numbers of anyone involved, your mother's death certificate, any papers that even look like they may be relevant but do not wait if you do not have all of the papers - go ASAP.
  • You should have a family services agency in your city (Google family services with your zip code) and present your case to them. They should be able to find someone to help you through all of this.

You do not have to discuss this with anyone - gather your papers and go to the SS office ASAP as you may have already missed several months of benefits and they will not start any case until someone applies.

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October 7, 20170 found this helpful

These are good answers. I'd like to add that if the boyfriend is not allowing him and his brother into the home, I would advise going to the police station, explaining the situation, and ask for an escort to get whatever items and papers he needs.

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