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  #1  
Old 11-29-2005, 10:09 PM
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Grandparent adoption, grandparent dying


What is the name of your state? Iowa

My question is, 7 years ago I gave birth to a child, my mother adopted her. This child recieves social security from my step-father after his death. My mother recently found out she has a terminal cancer. She has put in her will that my sister/biological daughter be left to me in the event of her death to take care of . Anyone else would recieve the social security if they were taking care of her. But someone told me I would not due to the fact that I am her biological parent. I love my sister, and would love for her to live with me, now that I am older. I dont understand why she will lose the money that was going to go for college funds, special schools for gifted children current activities, such as dance and gymnastics that she is involved in. She wants to learn figure skating, and has an excellent chance of going very far with it, but I cant afford to do that kind of stuff for her without the social security. Is this all the right information I was given. I thought, that once an adoption was finalized, the records were sealed. So if this is true, then how can social security even go by the biological thing. She is my sister and will always be. I love her, as my sister. She has never called me mom, she knows that I am her biological mother, but knows that I am her sister. I basically just would like to know if they can use sealed records to determine that my sister would not recieve her social security benefits anymore. I just dont want to take her special things away from her after our mothers death. I cant give her all those things, as my budget does not allow that. Someone, please tell me what I need to know, or just explain this to me. Thank you sooo much for listening, and any replys.
  #2  
Old 11-29-2005, 10:28 PM
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Join Date: Jun 2004
Location: "Harvey and Me"
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Quote:
Originally Posted by iowaredhed
What is the name of your state? Iowa

My question is, 7 years ago I gave birth to a child, my mother adopted her. This child recieves social security from my step-father after his death. My mother recently found out she has a terminal cancer. She has put in her will that my sister/biological daughter be left to me in the event of her death to take care of .
That provision of the will is invalid.
Quote:
Anyone else would recieve the social security if they were taking care of her.
But someone told me I would not due to the fact that I am her biological parent. I love my sister, and would love for her to live with me, now that I am older. I dont understand why she will lose the money that was going to go for college funds, special schools for gifted children current activities, such as dance and gymnastics that she is involved in. She wants to learn figure skating, and has an excellent chance of going very far with it, but I cant afford to do that kind of stuff for her without the social security. Is this all the right information I was given. I thought, that once an adoption was finalized, the records were sealed. So if this is true, then how can social security even go by the biological thing. She is my sister and will always be. I love her, as my sister. She has never called me mom, she knows that I am her biological mother, but knows that I am her sister. I basically just would like to know if they can use sealed records to determine that my sister would not recieve her social security benefits anymore. I just dont want to take her special things away from her after our mothers death. I cant give her all those things, as my budget does not allow that. Someone, please tell me what I need to know, or just explain this to me. Thank you sooo much for listening, and any replys.
Have you bothered to call the Social Security Administration instead of relying on what you 'heard' ?

There are other provisions that the two of you can make to care for your sister other than an invalid will. These need to be discussed with your mother's attorney. One is a standby guardianship which can be done now.
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  #3  
Old 11-30-2005, 07:25 AM
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Join Date: May 2004
Posts: 41,431
Quote:
Originally Posted by iowaredhed
What is the name of your state? Iowa

My question is, 7 years ago I gave birth to a child, my mother adopted her. This child recieves social security from my step-father after his death. My mother recently found out she has a terminal cancer. She has put in her will that my sister/biological daughter be left to me in the event of her death to take care of . Anyone else would recieve the social security if they were taking care of her. But someone told me I would not due to the fact that I am her biological parent. I love my sister, and would love for her to live with me, now that I am older. I dont understand why she will lose the money that was going to go for college funds, special schools for gifted children current activities, such as dance and gymnastics that she is involved in. She wants to learn figure skating, and has an excellent chance of going very far with it, but I cant afford to do that kind of stuff for her without the social security. Is this all the right information I was given. I thought, that once an adoption was finalized, the records were sealed. So if this is true, then how can social security even go by the biological thing. She is my sister and will always be. I love her, as my sister. She has never called me mom, she knows that I am her biological mother, but knows that I am her sister. I basically just would like to know if they can use sealed records to determine that my sister would not recieve her social security benefits anymore. I just dont want to take her special things away from her after our mothers death. I cant give her all those things, as my budget does not allow that. Someone, please tell me what I need to know, or just explain this to me. Thank you sooo much for listening, and any replys.
Your sister (because legally she is your sister...not your child) would continue to receive her social security benefits. You do not have to worry about that.

I highly recommend the standby guardianship that BB recommended. With that, your sister is not left in limbo for any period of time at all.
  #4  
Old 11-30-2005, 03:13 PM
daddyoftwins
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Smile

gub you and your sister both


Im so sorry about your mother My prayers go out to both you and your sister, i know this has to be hard for both of you. I hope everything works out.
  #5  
Old 11-30-2005, 10:08 PM
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Join Date: May 2002
Posts: 29,675
Quote:
Originally Posted by iowaredhed
She has put in her will that my sister/biological daughter be left to me in the event of her death to take care of .
Do you people know the difference between a child and a puppy?
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  #6  
Old 11-30-2005, 10:10 PM
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Quote:
Originally Posted by daddyoftwins
Im so sorry about your mother My prayers go out to both you and your sister, i know this has to be hard for both of you. I hope everything works out.
Go away Kelly, you were banned from this site.
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It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

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