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I have my grandson - he is 16 - but, his mother is keeping…

Customer Question
I have my grandson...

I have my grandson - he is 16 - but, his mother is keeping his 'death benefits'. Is that legal?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oregon

Lawyer's Assistant: Has anything been filed or reported?

I receive extra food benefits and extra financial help for my eletric and water bill because of adding my grandson to these...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Could I possibly ask the mother for a little bit of the death benefit? Also, I am 80 and receive assistance as I am low- income.

Submitted: 9 months ago.Category: Family Law
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Answered in 9 minutes by:
11/25/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 9 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 127,599
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

IF you have custody of the child and the mother is not paying support for the child and the mother has not been named as his guardian over his property, you have the right to take the mother to court for child support and to be named as guardian over his property.

You can go to legal aid and seek their assistance to represent you and the child to get the court to award you both support and they would need to file a petition for support and guardianship over the property of a minor (the death benefit) in order to get you some of the support you deserve for caring for him.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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.

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