what attorney can help me keep ss money my son got while his dad was dying of cancer

Can I be sued for money my dad gave to my sister?

Jan 25, 2012 · If you're not sure whether the father had enough work credits, you could file an application for benefits for your son with SSA - there's no harm in applying. Jeremy Bordelon is a licensed attorney in the State of Tennessee only, and is authorized to practice in all Tennessee State and Federal courts, and before the Social Security Administration in any jurisdiction. …

Why do the sons of the deceased receive items from estate?

First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case. The amount of your backpay depends on your onset date of disability, when you ...

Can siblings be sued for taking care of their fathers house?

This usually required an attorney and people were made aware of their rights and obligations under the law. With families spread out across the country, often only one child lives close enough to help mom or dad. In this difficult financial environment, it has become increasingly common for that child to overreach his or her parent and insist ...

Why do I need an attorney for a custody case?

Oct 18, 2017 · He is a CPA and does audits for churches to see if they can build on.His dad was real bad with cancer 2 years before he died.When his dad died he wrote me a check for 20,000. and told me that was all we had.there was suppose to be money for me to pay off the house and car.I think he bought a business from Henry Wood in Minnesota doing audits .I ...

How much Social Security does a child get when a parent dies?

Within a family, a child can receive up to half of the parent's full retirement or disability benefits. If a child receives survivors benefits, they can get up to 75% of the deceased parent's basic Social Security benefit. There is a limit, however, to the amount of money we can pay to a family.

Can a minor child receive Social Security survivor benefits?

Minor Or Child with a disability If you are the unmarried child under age 18 of a worker who dies, you can be eligible to receive Social Security survivors benefits. You can also be eligible, if you are up to age 19 and attending elementary or secondary school full time.

How do you get the $250 death benefit from Social Security?

Form SSA-8 | Information You Need To Apply For Lump Sum Death Benefit. You can apply for benefits by calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or by visiting your local Social Security office.

Who can get survivors benefits?

Your spouse, children, and parents could be eligible for benefits based on your earnings. You may receive survivors benefits when a family member dies. You and your family could be eligible for benefits based on the earnings of a worker who died. The deceased person must have worked long enough to qualify for benefits.

How long can a dependent child receive Social Security benefits?

If you are a parent and take care of your child who receives Social Security benefits and is under age 18, you can get benefits until your child reaches age 16. Your child's benefit will continue until he or she reaches age 18, or 19 if he or she is still in school full time.

How long do survivor benefits last for a child?

Children. Generally, benefits for surviving children stop when a child turns 18. Benefits can continue until as late as age 19 and 2 months if the child is a full-time student in elementary or secondary education or with no age limit if the child became disabled before age 22.

What is a death grant?

Pension credit members If you die after receiving a pension credit and before reaching age 75*, a death grant may be payable. Generally speaking, the death grant is equal to 5 times the pension less the amount already paid.

Who is eligible for lump-sum death benefit?

If there are no primary beneficiaries, the member's secondary beneficiaries (dependent parents) shall be given a lump sum amount. A lump sum amount is also granted to: designated beneficiary/ies and legal heirs in the absence of primary and secondary beneficiaries.

Does Social Security pay for funeral?

Does Social Security Pay for Funeral Expenses? Social Security may provide a death payment that can be used toward funeral expenses, but it is unlikely to be a substantial amount. Your surviving spouse or child will receive a lump-sum payment of $255 if they meet certain requirements.

Can you be denied survivor benefits?

If you are a minor convicted of intentionally causing your parent's death, you may be denied survivor benefits on the earnings record of your parent.

What is the difference between survivor benefits and widow benefits?

It is important to note a key difference between survivor benefits and spousal benefits. Spousal retirement benefits provide a maximum 50% of the other spouse's primary insurance amount (PIA). Alternatively, survivors' benefits are a maximum 100% of the deceased spouse's retirement benefit.

How much do you get for survivor benefits?

If you claim survivor benefits between age 60 and your full retirement age, you will receive between 71.5 percent and 99 percent of the deceased's benefit. The percentage gets higher the older you are when you claim.Jan 24, 2022

What does a disability attorney charge for?

Disability attorneys often incur up-front costs in pursuing a disability case, mostly from obtaining medical records and getting opinions from treating doctors. Your lawyer may also charge you for the cost of postage, travel, copying, and long-distance phone calls. Your attorney will ask you to sign an expense agreement when you hire him or her.

What is back pay for SSDI?

Back payments are benefits that accrued while you were waiting for Social Security to approve your case. The amount of your backpay depends on your onset date of disability, when you filed for benefits, and whether you're applying for SSDI or SSI. (To learn more, see Nolo's article on how SSDI back benefits are calculated .)

What is a two tier fee agreement?

Most standard fee agreements will contain a provision that an attorney may submit a fee petition to Social Security if he or she has performed an unusually large amount of work on your case. These are called "two-tier agreements" because they provide for two different scenarios:

What is a fee petition?

A fee petition must contain an itemized list of the attorney's activities on the case. Your attorney will send the fee petition to Social Security after your case is complete, and will send a copy to you as well. Social Security will approve the petition only if the fees requested by the attorney are reasonable.

What are some examples of disability hearings?

Here are some examples: You fired your attorney and hired a second attorney. You are denied benefits at the disability hearing level and your lawyer appeals to the Appeals Council or to federal court.

Can a disability lawyer charge a fee?

A disability lawyer can petition to charge you a reasonable extra fee if you have to appeal your case multiple times before you win . Sometimes a disability case will require multiple hearings, an appeal to the Appeals Council, or even a trip to federal district court. These sorts of cases can drag on for many years and require a lot ...

Can Social Security approve a petition?

Social Security will approve the petition only if the fees requested by the attorney are reasonable. Social Security's decision as to whether the requested fee amount is justified will take into account the nature and amount of work performed by the attorney, the complexity of the case, the attorney's knowledge and experience, ...

How long does it take to contest a will?

A Will Contest must be filed within three months after the date of the Order admitting the Will to probate by filing an affidavit in the Court alleging (1) unsoundness of mind of the testator, (2) that the Will was executed under duress or was obtained by fraud, (3) the undue (improper) execution of the Will, or (4) any other valid objection to the Will’s validity or the probate of the Will.

Can a will be changed to disinherit siblings?

Sometimes the Will or Trust is changed to disinherit siblings. While a Will or Trust can be changed at any time, they cannot be changed after the maker is of unsound mind or if the maker is under pressure or duress from someone. We can assist with Will Contests.

What happens when someone with access to the funds gets sticky fingers?

It happens when someone with access to the funds gets sticky fingers: “Inheritance thieves will often rationalize what they are doing by claiming they need a little bit of money out of the funds because of how much they are doing for the estate.

How to make an estate executor?

1. Appoint two executors to your estate. Make one of your two executors a non-family professional, such as a trust company, a financial planner, or an attorney. This lowers the likelihood that your executor will take advantage of their position. 2.

What is the disclosure requirement in a will?

Put a disclosure requirement in your will. If your will requires your executor to disclose all details about estate expenses, assets, and financial transfers, it will be more difficult for an untrustworthy executor to hide misappropriation or theft.

What is inheritance theft?

Inheritance theft can take many forms, ranging from manipulating the person’s wishes while they’re still alive, to theft and embezzlement that occurs after the death. For blended families, this issue is a common problem, even if the estate in question isn’t worth millions.

Why do trusts cause headaches?

When a trust is involved, Rind also cautions beleaguered heirs that trusts can cause increased financial headaches, because “the trust itself is a separate ‘person’ and might need its own attorney. The legal fees get paid out of the trust’s assets, so you could wind up spending the money you are fighting over.”

What is an untrustworthy executor?

An untrustworthy executor is in a position where they could embezzle funds after your death. Most people name their spouse, a close friend, or family member as their executor. However, it’s possible to hire an executor who will be paid from your estate, and, in fact, lawyers will often perform executor services.

What is the denigration of fellow heirs?

Denigration of Fellow Heirs. Rather than focus on the bonds between each other, heirs are sometimes more focused on what they can do to increase their piece of the estate pie. An heir might lie about the other heirs, claiming that one sibling can’t be trusted with money, while another has more than he needs.

Why do people use powers of attorney?

People also use powers of attorney for purposes other than estate planning, such as giving someone else authority to sign for them at a real estate closing.

What happens to a named agent when they become incapacitated?

If they become incapacitated, the named agent's authority ends.

What is a power of attorney?

Power of attorney allows a trusted family member, friend, or professional (called an attorney-in-fact or agent) to handle financial matters for the person granting the power.

Do you need to name an attorney in fact?

When you create a power of attorney, you need to name one or more attorneys-in-fact. Your attorney (s)-in-fact have whatever powers you authorize and can be any competent adult (s). However, because the document is potentially dangerous in the wrong hands, it is important to name a family member, friend, or professional that you trust. In short, you should believe your named agent will act in your best interest and honor your wishes at all times.

Can an adult child be an attorney in fact?

Naming an adult child as your attorney-in-fact may be the most logical choice. However, consider whether doing so could create or exacerbate rivalry between that child and their siblings. In most cases, an adult child who has power of attorney cannot use power of attorney to limit others' access to their parent.

Can a power of attorney limit siblings' access to their parents?

Unfortunately, power of attorney sometimes causes friction between siblings. Generally speaking, power of attorney does not authorize the attorney -in-fact to limit siblings' access to their incapacitated parent.

How many children are in a trust after the death of the second spouse?

On the death of the second spouse, according to the trust document, the “Decedent’s Trust Share” is to be divided equally among all six children. The surviving spouse is named as trustee of the Decedent’s Trust Share, but has no power to modify or amend it.

What happened to Fern and Richard's trust?

All their assets were transferred into the trust. After Fern died, Richard amended the trust to leave everything to a neighbor. At least that’s what Ralph suspects. The neighbor is named as trustee and refuses to even give Ralph a copy of the amended trust.

How many children did Grant and Julia have?

Grant and Julia were each married once before they got together. Grant has two children from the first marriage, Julia has three and the two of them had one child together. They signed a joint revocable living trust and transferred all their assets into the trust’s name.

What did Richard and Fern sign?

2. Richard and Fern signed a joint revocable trust. It provided that on the first spouse’s death, the survivor would have complete control over the trust and the property in the trust — including the right to amend the trust. If the trust was not amended, it would leave everything to Richard and Fern’s only son, Ralph.

Did Vonda leave everything to her children?

Five years later Vonda changed her will to leave everything to one of the three children. Vonda’s will might be subject to challenge based on undue influence or lack of testamentary capacity, but it is unlikely to be set aside based on Herb’s intention that his property be divided equally among his children.

Did Vonda acquire Herb's interest in the jointly held property?

Even if there was such a provision it’s not completely clear that it would apply in these circumstances, since Vonda did not acquire Herb’s interest in the jointly held property by his will — she got it by operation of the joint tenancy arrangement. 2.

Is Ralph entitled to any portion of the Fern estate?

Ralph is likely to get further by being reasonable and friendly than by being confrontational. Oh, and he is probably not entitled to any portion of “Fern’s estate,” since she appears to have left it all to Richard. 3. Grant and Julia were each married once before they got together.

What to do if a lawyer refuses to do so?

If the lawyer refuses to do so, consider filing for a nonbinding fee arbitration with a state or local bar association. Arbitration allows an outside party to become the neutral decision-maker when regarding bills and finances. It can be binding or nonbinding which allows you to reject the arbitrator’s assessment.

What to do if you don't pay a bill?

If you believe the bill that you’ve received is outside of the context of your agreement, don’t pay it. Ask your lawyer about why the bill is the amount it is and—if you disagree, ask for a reduction. If the lawyer refuses to do so, consider filing for a nonbinding fee arbitration with a state or local bar association. Arbitration allows an outside party to become the neutral decision-maker when regarding bills and finances. It can be binding or nonbinding which allows you to reject the arbitrator’s assessment. Find out more from our local association.

Why is it so hard to win a malpractice case?

It is very hard to win a malpractice case because of the amount of evidence you need to prove that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar conditions.

What are the rights of a lawyer?

Some basic rights that you are entitled to include proper and effective communication/correspondence between a client and his or her attorney, the competency of the attorney to know the core knowledge and expertise of a client’s legal issue, the work was completed ethically and the agreement of fees is followed. As a summary, you can and should expect your lawyer to do the following: 1 Give you guidance regarding your legal circumstance 2 Keep you up to date about your case 3 Tell you what he or she thinks will transpire in your case 4 Allow you to make vital judgments concerning your case 5 Give you an assessment about what your case ought to cost 6 Help you in any cost-benefit evaluation that you may need 7 Keep in communication with you 8 Inform you of any changes, delays, or setbacks 9 Give you the information you need to make educated decisions, and 10 Prepare you for your case, including disposition and trial preparation.

What are the causes of malpractice?

These basic pieces of malpractice are all due to problems associated with troubled attorney-client relationships. They are normally set off by a lack of communication, dishonestly and incompetence, inadequate legal work, arbitration, and billings.

How to reach an attorney about malpractice?

Just as the last question suggested, you must seek to reach your attorney as quickly as possible through letters, emails, or fax to make sure that it is properly handled.

What are your rights if you lose confidence in your attorney?

The first thing is that not all attorneys are the same. Just like doctors, chefs, or any other profession, everyone is different.

James P. Frederick

You can be sued for virtually anything, these days. The better question is whether or not you are responsible for repayment. As Attorney Tigerman indicated, it is really not possible to predict an outcome, given the few facts provided.

Bert Z. Tigerman

Not enough information.

Benjamin H. Ballard

These situations inevitably involve the assertion of a person in your position that your dad made a gift of the $50,000, plus free rent, as a gift to you for helping out when the other sibling (s) did not, countered by the assertion (here by your sister) that the money was illegally taken - either by theft, or by fraud, including "elder abuse" type fraud, which is its own kind of fraud, or undue influence.

Eric Jerome Gold

My colleagues are correct. Can you be sued, absolutely. The real question is will your sister prevail? As the executor, your attorney's fees should be covered by the estate. As for the rest of your question, you should immediately consult with a local probate attorney for guidance, as you have not provided enough information here...

What to do when a divorced couple has a large amount of assets?

Don’t forget to consult an attorney. A lawyer can make sure that you both review and understand anything before you sign or agree. An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters.

What to do in a contentious divorce?

In more contentious divorces, an attorney can make sure that your interests are represented in court. Even in a “friendly” divorce you are often better off hiring a lawyer to help file paperwork and guide you through the court system. 2. Don’t neglect your finances.

How to prepare for divorce?

If you’re thinking about divorce, you need to immediately begin to set aside money for the all the expenses involved. Make copies of all your financial documents and legal records before your divorce proceedings begin.

Is it normal to want to tell someone about divorce?

Emotions are running high, it’s perfectly normal to want to let others know what’s going on in your life. You may desperately want support, you may not want to suffer in silence, or you may just want to punish your partner and embarrass them. This doesn’t mean that you have to keep your a divorce secret from everyone, you just need to decide who you tell and why.

Do family and friends have good intentions when divorced?

Your family and friends may have good intentions, but their divorce experience is based on the facts and circumstances that are unique to them and may not apply in your situation.

Can you use your kids to manipulate your spouse?

This should go without saying, but unfortunately, it still happens, even unintentionally. Check your own behavior and don’t use your kids to punish or manipulate your spouse. In the end, this will cause resentment and have a negative impact on the relationship you have with your children.

Can you have a relationship outside of marriage during divorce?

Even if you and your spouse no longer live together, in some states a relationship outside of marriage can become an issue during the divorce process. With all of the changes going on in your life, avoiding any type of romantic relationship is often the best thing to do for your emotionally. 8.

Understanding Power of Attorney

See more on info.legalzoom.com

The Scope of Durable vs. Nondurable Powers of Attorney

Considerations When Naming An Attorney-In-Fact