My mother past away this month. She left behind me, my 12 year old brother, and her significant other (not married) but together for more than 15 years. There is no common law marriage in WA state. I am filing to be my little brother's SSI payee so I can protect him, and put his money in a trust for when he is an adult.
His father has just hired an attorney and is trying to sue me for control of his benefits, because he thinks that he deserves them and needs those benefits to pay his bills. My mother left no will, but told me to make sure I protected my brother's money because she was worried that her significant other would spend the money inappropriately, and not on her son's needs.
Do I need to get a lawyer? Does my mother's significant other have grounds to sue me? Or will the court see that I have my brother's best interest in mind. Please help!
By Jessica
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Are you talking about SSI or Survivor's Benefits? There is a difference. SSI is what people receive when they are disabled. Survivor's Benefits go to a deceased person's spouse and minor children. How old are you, are you still a minor or are you an adult? There is a possibility that you brother's father could go after custody of your brother.
This is a complicated situation, there are difficult issues and the boy's future at stake here. If you have the money to hire an attorney, I strongly suggest doing so. Most attorneys provide a free initial meeting to discuss the issues and decide if they can help you-there is no fee for this. However, the lawyer may (usually) require an initial payment (retainer fee) if you decide to have him or her represent you.
You can contact the American Bar Association online (findlegalhelp.org, find your state and choose Legal Referral and/or Free Legal Help for information). The site can assist you regarding what type of attorney you may need and answer other questions you may have (click Legal FAQs-Frequently Asked Questions).
Good Luck!
If this man is the boy's father, there may be nothing that you can do. If he is not, than I don't think that he has any say in the matter, and you can take steps to get him out of the picture. However, that is just my opinion.
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