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What could be done when a mother neglects her 2 year old child by selfishly spending his social security check
Fresno, CA
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Posted about 1 month ago in Social Security
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My nephew is 2 years old. My brother, his father, was tragically killed in March of this year and therefore his wife and only child receive social security checks each month in the amount of $2,700 total ($1,350 for his wife, $1,350 for his son). Since then, she has taken all my my brother's savings plus the money she has been receiving monthly and gave it to her family for various reasons (both her brothers are getting married, parents need to pay rent and so on). I have evidence of this. After 7 months, she has about $2,000 to her name and no other assets. She has never had to pay rent, pay for food, or buy the child anything because my parents and I have been doing that because even if we didn't, she wouldn't. What can we legally do to ensure the money is his and only his.
Additional information
I know that she is entitled to my brother's estate. I was just pointing out at how careless she is.She does not plan to work, buy a house, or be a responsible adult, and sooner or later (looks like sooner) she is going to end up broke and my nephew end up with nothing as well. If she's not going to take care of him properly and try to save a little for him in a trust or something (it's his money for crying out loud) then why should she receive his benefits if she's blowing it all away? Answers (2)
Stanley Dale Radtke
This attorney is licensed in California.
Posted 30 days ago.
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Your question poses a number of issues that all must be analyzed separately.
First, you ask about your sister-in-law's allocation of your brother's savings to her family. I would assume that she is the sole heir to your brother's estate. If he died intestate, then the probate code suggests that a surviving spouse is entitled to the entire estate, therefore, she can do with it what she wants. I'm again assuming that your brother's estate was in fact probated. Secondly, the Social Security Administration should have designated your sister-in-law as the "Representative Payee" for your nephew, as he is a minor child. SSA has guidelines and rules regarding how a Representative Payee must handle the funds for the minor child. I would suggest you check out the SSA publication governing her duties and responsibilities. See <http://www.ssa.gov/pubs/10076.html>. Stanley Dale Radtke, Esq. 220 Montgomery Street, Suite 416 San Francisco, CA 94104 415-252-1234
Stanley Dale Radtke
This attorney is licensed in California.
Posted 30 days ago.
Flag as objectionable
Your question poses a number of issues that all must be analyzed separately.
First, you ask about your sister-in-law's allocation of your brother's savings to her family. I would assume that she is the sole heir to your brother's estate. If he died intestate, then the probate code suggests that a surviving spouse is entitled to the entire estate, therefore, she can do with it what she wants. I'm again assuming that your brother's estate was in fact probated. Secondly, the Social Security Administration should have designated your sister-in-law as the "Representative Payee" for your nephew, as he is a minor child. SSA has guidelines and rules regarding how a Representative Payee must handle the funds for the minor child. I would suggest you check out the SSA publication governing her duties and responsibilities. See http://www.ssa.gov/pubs/10076.html Stanley Dale Radtke, Esq. 220 Montgomery Street, Suite 416 San Francisco, CA 94104 415-252-1234 |
