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  1. #1
    Join Date
    Mar 2009

    Default Survivor Benefits

    I have a very unique situation that I will try to explain as clearly as possible: My biological mother passed away a couple of weeks ago. I am now the power of attorney for her son (my 17 year old brother). (This is where it gets unique) My brother was adopted OUT of the family when he was 9 and only in the past 2 years went back to live with our biological mother. The adoption is still in place but the adoptive parents gave all of the rights and responsibilities back to our mother and now they have given them to me. I went to try and get the survivor benefits but we were denied do to the fact that he was still legally adopted. Is there anything we can do? Any loophole that I am missing? What if the adoptive parents give my brother up? Then will he be elligable? I am at such a loss as to what to do... Thanks for any help! Oregon

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Survivor Benefits

    Your brother's legal relationship with his biological mother was terminated by the adoption. With her passing, it's not possible for her to adopt him so as to re-establish a legal parent-child relationship.

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