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I have a question about my late husbands insurance that I…

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I have a question about my late husbands insurance that I received after he died of suicide in March 2001. I have applied for the benefits for this claim under the Unclaimed property of Illinois. at the time of his death we had gained legal custody of my great niece who was about 6 at the time of the custody also in March 2001. This claim asked for dependents who were living in the family home at the time of death. My niece had been there for a couple weeks, she stayed with me me for about a month then lived with her father and grandmother in the same time during the following year. Her father filed for custody and I agreed. The claim is for less than $1000. and I was wondering if that her name should be on the claim for the affidavit the state requires for claiming the money. My late husband had no will or children, I was his soul survivor on his plan. I had 3 children from a previous marriage he never asked for custody legally during the 11 1/2 years we were married. thank you Niki Johnson***@******.***

Lawyer's Assistant: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?

No

Lawyer's Assistant: Please tell me everything you can about this issue so the Family Lawyer can help you best. Is there anything else important you think the Family Lawyer should know?

Not much to tell, my niece, mother of my great niece was pretty messed up at that time in her life and she and her daughter lived with us on and off. We offered to take custody to give my great niece a place of permanency and stability. Her biological father was not aware that he was my great nieces father until about about 6 months prior to our gaining custody. All was ok with both parents as he was getting to know his daughter and her mother was per-occupied with her life. I knew the family and they were living in the same town during his time with her after the death. She thrived there and that was why I felt it was for the best interest for her to live with him and have full custody. When her mother cleaned up her life, the two parents shared custody.

Lawyer's Assistant: OK. Got it. Last thing - JustAnswer charges a fee (generally around $18) to post your type of question (you only pay if satisfied). While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.

Submitted: 2 years ago.Category: Family Law
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Answered in 7 minutes by:
2/10/2016
Family Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 41,640
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If you were the legal custodians of the great niece and were providing for her care and maintenance, but just for a short period of time, then she wouldn't be considered a legal dependent as that requires someone to live with another person for at least 6 months and a day. Your great niece wouldn't be considered a lineal descendent and she wouldn't be a legal dependent if she didn't live with you over 6 months, so I wouldn't list her as a dependent.

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thanks

Barrister

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Customer reply replied 2 years ago
thank you that is what I thought the answer would be.
Family Lawyer: Barrister, Lawyer replied 2 years ago

You are very welcome. Glad to help any time..

.

.

Have a great evening!

Barrister

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Barrister
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Category: Family Law
Satisfied Customers: 41,640
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Experience: Attorney with 17 years experience

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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