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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 35018
Experience:  12+ yrs. of experience including estate law.
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My brother lived with a women in Florida years. She was

Customer Question

My brother lived with a women in Florida for 20 years . She was previously married to a colonel in the military who passed away and left her with 100% benefits which included an over $1000.00 pension every month.
On November 8,2015 my brother passed away suddenly just two months after being diagnosed with cancer.
She had POA and was his health care proxy. We were not able to make any decisions for him at all when he really needed someone to intervene. He was moved to hospice and we were never given the proper informational to where he was. Once he enter hospice care it was like we were non existent.
Upon receipt of his Death Certificate we noticed she signed said Certificate as his wife! My brother had no Will she had him cremated, she signed him over to the Crematory as his wife, she was not his next of kin. She denied his seven siblings any decisions pertaining to his death whatsoever! We all at different times flew down to be with him, we all live in Massachusetts and it was so difficult.
Our questions to you are:
Should she still receive A VA pension? Is what she did legal?
We are looking for legal advice, as his next of kin as to what direction would you suggest we go? Are we able to retrieve any or all of his personal possessions?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is***** will be happy to answer your question.
I am sorry to hear about this unfortunate situation.

Generally, the only option when one parent is refusing court ordered visitation, is for the aggrieved parent to file a Motion to Enforce Court Ordered Visitation and the court will review the issue and unless there is a material change in circumstances from the time the child visitation was ordered, the court will order the custodial parent to comply with court ordered visitation or to face contempt of court sanctions, which can range from fines to jail time.

I wish you the best of luck!

Expert:  Alex Esquire replied 1 year ago.

Please disregard this answer as it was posted by an error.

I will opt-out of your question at no charge to you and will open your question to other legal experts for review.

Expert:  P. Simmons replied 1 year 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.

Different expert here. I am sorry for this dilemma.

Did your brother have a will?