Legal Question in Family Law in Michigan

Can a 16 year old be granted with emancipation ( in other words become a legal adult under the age of 18) in the state if Michigan> If so could he/she still be allowed to receive Social Security Benefits for both parents being Deceased?


Asked on 8/24/09, 2:28 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Yes, a person can become emancipated at age 16, but there is a high burden of proof that a child must meet to have the court actually grant a petition for emancipation. Becoming emancipated eliminates any financial or legal obligations of the parents to the child - it is the same as if you turned 18 years old. You are still their child, and they are still your parents, for purposes such as inheritance. However, if your parents are deceased, I'm not sure there is a basis for you becoming emancipated - the court would look into who is your current legal guardian and the reason for your emancipation. SS benefits to a minor are given to the conservator, since a child cannot receive money from anyone - you have to be 18. SS benefits are different when given to the heir, spouse, or child of a deceased person. If you are only entitled to SS money because you are a minor and your parents died, then if you became emancipated, you are considered 18, and not a child, so then you would not get any money. Have you consulted with an SS benefits lawyer about this? If not, you should do so immediately, as the application process can take a while. There may also be issues with appointing a conservator for you to distribute any money you may be entitled to, from SS or any other source.

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Answered on 9/02/09, 6:08 pm


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