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  1. #1
    Join Date
    Nov 2011
    Posts
    2

    Default Survivor Benefits Spent Inappropriately

    I have a question just out of curiosity. My father passed away in the early 80s. I was only 11. I was suppose to receive ss benefits from him from 11-18 years of age. I know for a fact that the checks were at least 600-700 a month. At the time I lived with my sister. My mother only sent an average of 300 a month. So over all I would have supposed to receive 49,000.00 over 7 years. I only actually got 18-20,000.00 of that. Is this legal for a parent to keep their childs SS payments that were suppose to be for their care? Did she have a right to use it for her own purposes? This seems like it is stealing to me. I just wanted to know if she had that right, esp. if I was only living with her for 2 years out of the 7.

    thanks for any help...oh and by the way, they were divorced at the time he died.

    Lamb

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Survivor Benefits Spent Inappropriately

    The mere fact that mom only sent $300 in cash does not of itself mean that no other money went to your support. Non-cash support may have been provided, costs such as health insurance may have been a factor, etc. Also, depending on the facts, your mother might be justified in saying that the expense of being prepared to support you if you returned home was a legitimate support expense even if you were choosing to live (or insisting upon living) elsewhere.

    Also, assuming that mom should have retained money for you, the window to pursue that claim closed years ago.

    That said, after your care was paid for, if there was money left over it should have been saved for your benefit.

  3. #3
    Join Date
    Nov 2011
    Posts
    2

    Default Re: Survivor Benefits Spent Inappropriately

    Oh I am fully aware of the window being closed for this was years ago. I just wanted to know for my own reasons. I am definately not pursuing anything. I guess you do not know all of the circumstances that everything was under, because if you did you would understand. I just wanted to know if it was right for a parent to either hold money for themselves or use for their pleasures.
    Thanks for your help,
    Lamb

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