Fathers wife from mexico being brought to US to take over fathers SSI if he passes.

[Allan A]

What is the name of your state (only U.S. law)? California.

My dad was married to someone in Mexico he has been seperated but not divorced for over 30 years, my dad fell ill about 2 years ago and my mom and I have been taking care of him, My mom lived and owned houses with my dad but they were never married because my dad never got divorced from his former spouse. does his legal wife have any rights anymore and can she be brought from the U.S. to deal with his finances? Im worried it might affect his health seeing her since he still holds anger for her cheating and getting pregnant with another man while my dad was sending her money from the U.S.

 

[sandyclaus]

What is the name of your state (only U.S. law)? California.

My dad was married to someone in Mexico he has been seperated but not divorced for over 30 years, my dad fell ill about 2 years ago and my mom and I have been taking care of him, My mom lived and owned houses with my dad but they were never married because my dad never got divorced from his former spouse. does his legal wife have any rights anymore and can she be brought from the U.S. to deal with his finances? Im worried it might affect his health seeing her since he still holds anger for her cheating and getting pregnant with another man while my dad was sending her money from the U.S.

Unfortunately, the LEGAL wife has all the rights, whereas your mother who never married him has none (unless he grants them to her through a will). California's order of succession, found in Probate Code Section 6402, begins with a surviving spouse, then moves to the deceased's children, then his parents, to their surviving children, and so forth.

He really should have gotten a divorce long ago.

 

[Allan A]

Unfortunately, the LEGAL wife has all the rights, whereas your mother who never married him has none (unless he grants them to her through a will). California's order of succession, found in Probate Code Section 6402, begins with a surviving spouse, then moves to the deceased's children, then his parents, to their surviving children, and so forth.

He really should have gotten a divorce long ago.

Thank You for your reply, but will she get some kind of citizenship, because thats what they are trying to get for her, can she claim benefits even if she has always lived in Mexico and never been to the U.S. not even as a visitor? My dad does not have any money saved to distribute except for the money being put away from his SSI for funeral arrangements in case he passes away.

 

[Proserpina]

Thank You for your reply, but will she get some kind of citizenship, because thats what they are trying to get for her, can she claim benefits even if she has always lived in Mexico and never been to the U.S. not even as a visitor? My dad does not have any money saved to distribute except for the money being put away from his SSI for funeral arrangements in case he passes away.

Her citizenship would be irrelevant; if she's entitled to anything, she's entitled to it regardless.

 

[justalayman]

you said he owns property. Unless that property is owned as joint tenants with rights of survivorship with your mother, the wife would have a claim to her husbands share of the properties.

can she claim benefits even if she has always lived in Mexico and never been to the U.S. not even as a visitor?

absolutely. She is due what she is due as a wife whether she is in the US or not.

 

[Allan A]

you said he owns property. Unless that property is owned as joint tenants with rights of survivorship with your mother, the wife would have a claim to her husbands share of the properties.

absolutely. She is due what she is due as a wife whether she is in the US or not.

I forgot to add that they had sold the house a couple years back. but as for property he has none, he never really saved money either so there is nothing to claim except SSI benefits. His current SSI go to paying for his medication costs, doctors visits, living expenses etc. What im worried about is her coming over and him getting upset and his progress since he had his stroke and heart attack to diminish and get really sick again. The money i can care less about, she did not even know he was sick until her daughters started filing paperwork for her to be brought over. I think my stepsisters are more interested in the money.

 

[Proserpina]

I forgot to add that they had sold the house a couple years back. but as for property he has none, he never really saved money either so there is nothing to claim except SSI benefits. His current SSI go to paying for his medication costs, doctors visits, living expenses etc. What im worried about is her coming over and him getting upset and his progress since he had his stroke and heart attack to diminish and get really sick again. The money i can care less about, she did not even know he was sick until her daughters started filing paperwork for her to be brought over. I think my stepsisters are more interested in the money.

Okay, are you getting this third-hand?

Who exactly is telling you that her daughters are "filing paperwork" for her to come to the US?

I'm interested in what they think they can file.

 

[Allan A]

Okay, are you getting this third-hand?

Who exactly is telling you that her daughters are "filing paperwork" for her to come to the US?

I'm interested in what they think they can file.

I was told by one of my Step brothers, he thinks its a bad idea too. im not sure what they are filing thats why im looking for answers on what can be done.

 

[justalayman]

if there is no money, there is no money. If the law allows her to come to the US, they allow it. Your father does not have to have contact with her if he doesn't want to. That is entirely up to him.

 

[OHRoadwarrior]

She will not get his SSI. If he is collecting regular SS retirement, she is entitled to collect it, when he dies. This does not give her citizenship, she can collect in Mexico.

 

[Ohiogal]

What is the name of your state (only U.S. law)? California.

My dad was married to someone in Mexico he has been seperated but not divorced for over 30 years, my dad fell ill about 2 years ago and my mom and I have been taking care of him, My mom lived and owned houses with my dad but they were never married because my dad never got divorced from his former spouse. does his legal wife have any rights anymore and can she be brought from the U.S. to deal with his finances? Im worried it might affect his health seeing her since he still holds anger for her cheating and getting pregnant with another man while my dad was sending her money from the U.S.

I find the bolded interesting since dad was cheating and got another woman pregnant at least once for OP to exist. Seems a bit hypocritical for dad to be upset at his wife for doing the same thing he has been doing.

 

[LdiJ]

What is the name of your state (only U.S. law)? California.

My dad was married to someone in Mexico he has been seperated but not divorced for over 30 years, my dad fell ill about 2 years ago and my mom and I have been taking care of him, My mom lived and owned houses with my dad but they were never married because my dad never got divorced from his former spouse. does his legal wife have any rights anymore and can she be brought from the U.S. to deal with his finances? Im worried it might affect his health seeing her since he still holds anger for her cheating and getting pregnant with another man while my dad was sending her money from the U.S.

From what I can understand from this and subsequent posts, your father has no assets or money other than some form of Social Security benefits, and you are putting some of those aside for his eventual burial. I suggest that the money in question be put into a joint account with either you or your mother having the right of survivorship on that account. That way you can ensure that the money will be available for the burial and cannot be claimed by anyone else.

I believe that your stepsisters are trying to sponsor their mother for legal residency in the US. She will be entitled to draw SS retirement benefits based on your father's work history, simply because she was legally married to him for more than 10 years. She would be entitled to that even if they were currently divorced, as long as they were married for at least 10 years.

Don't worry about your dad's wife...obviously she is not going to be taking anything away from your father and your father does not have to see her. However, if your father is still of sound mind, it would be wise for him to give a medical power of attorney to someone he trusts, so that his wife cannot make any claims to control his medical issues.

 

[tuffbrk]

Don't worry about your dad's wife...obviously she is not going to be taking anything away from your father and your father does not have to see her. However, if your father is still of sound mind, it would be wise for him to give a medical power of attorney to someone he trusts, so that his wife cannot make any claims to control his medical issues.

Very, very good point!

 

[nextwife]

Does your mom have a source of income after he passes?