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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33075
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My son just died in Oct 2015 and my grandson has moved into

Customer Question

My son just died in Oct 2015 and my grandson has moved into my home, he is in school now but just turned 18 . Can I claim him as a dependent?
JA: The Military Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No.
JA: Please tell me everything you can about this issue so the Military Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: I am a retired Sgt.Maj of 23 years in the USMC
JA: Is there anything else important you think the Military Lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Military Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: Military Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for your recent loss

But I do not understand the question...what do you mean by

Can I claim him as a dependent?

Claim in what way? With the IRS? For military benefits?

Customer: replied 9 months ago.
Military
Expert:  P. Simmons replied 9 months ago.

Thanks *****

This is possible...HOWEVER, you must have a court order for either adoption or guardianship BEFORE you can qualify for TRICARE benefits.

So first head to court (consider having a local attorney help you with this) and apply for guardianship. Once they appoint you as guardian, you will be able to sign the child up, via DEERS, for TRICARE

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.