Legal Question in Wills and Trusts in Oklahoma
My mother recently was killed in a motorcycle accident. My mother was 40 years old with no life insurance and did not have any legal papers stateing who was to be incharge of her estate and finances. My mother and I had talked about what was to happen after she had passed away about 2 weeks befor the accident. She had stated that she was going to change everything from her husband (seperated) and her mother, to me and then when my younger sister turned 18 she would be added. My mother did not have the paperwork drawn up before the accident. My mother was seperated from her husband and had planed to file for divorce the week after she died. my family and I are wondering if there is any way possiable to have her Social Security benifits given to me (Stephanie, age 20) and my younger sister (Amanda, age 17) instead of her husband. My mother died on October 5th and her pay check came in on October 10th we (her daughters) are in need of the funds to cover cremation cost. Is there any way that we can cash her check to help cover these expences?
1 Answer from Attorneys
As best as I understand what you are saying, the paychecks came to your mother's home address. If she lived separately from her current husband, then her last paycheck would have been mailed to her new address. As her adult daughter, you should consider filing for adminstration of her estate. Once you are appointed as her administrator, you would then apply to the court to use your mother's remaining funds inlcuding her last paycheck towards your mother's funeral expenses. The court will then issue an order to that effect.
Your mother is not entitled to social security at age 40. Your sister, could however, apply for benefits as a minor. if your mother contriubted to her support and care. So take her to the social security office and see if SSA will assist her.
If you have any questions, please feel free to call me.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
