Hi... I don't know where else to turn 4 answers to this question. Here is the scenario, my mother, who was receiving SSDI income, was in a mental health facility where she ALLEGIDLY committed suicide. My sister and I were five and three years old at the time. We then went to foster care as my biological father was in prison. This lasted for roughly around a year. We were then adopted by our deceased mothers sister and her husband. I had recently found out, from my sister, that our adopted aunt n uncle / parents have been receiving our dead mother's SSDI benefit checks for all those years and cashing them and using them for their own. I understand that these checks came to my sister and me in our names. My questions, yes plural, would be the following: 1) if the checks came in my sisters and my name, and we were unaware that we were getting any benefits from our deceased mother, was it legal for our adopted parents to take in cash those checks. Especially without our knowledge? (we found out about these payments that were coming every monthwhen my sister turned 18 and was still a full-time high school senior. Our adopted parents made my sister sign the check over to them because she was then 18. She was told that if she's living in their house she had to sign it over or move out.). 2). When my mother passed away there were an unusual number of deaths in the facility that she was in right around the same time frame. This was so fishy that our grandmother, our biological mother's mother, was approached at the funeral by a lawyer and was told that he would represent the family for free if we would like him to add this case to the many others that he was representing. She declined and told the attorney that her family has been through too much and doesn't want to put the family through any more trauma. So my question is, is there anyway to seek legal ramifications if there was foul play or neglect that caused my mother's death?

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Originally Posted by skeyedvr

Hi... I don't know where else to turn 4 answers to this question. Here is the scenario, my mother, who was receiving SSDI income, was in a mental health facility where she ALLEGIDLY committed suicide. My sister and I were five and three years old at the time. We then went to foster care as my biological father was in prison. This lasted for roughly around a year. We were then adopted by our deceased mothers sister and her husband. I had recently found out, from my sister, that our adopted aunt n uncle / parents have been receiving our dead mother's SSDI benefit checks for all those years and cashing them and using them for their own. I understand that these checks came to my sister and me in our names.

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Tragic story. My sympathies go out to you.

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Originally Posted by skeyedvr

My questions, yes plural, would be the following:
1) if the checks came in my sisters and my name, and we were unaware that we were getting any benefits from our deceased mother, was it legal for our adopted parents to take in cash those checks. Especially without our knowledge? (we found out about these payments that were coming every month when my sister turned 18 and was still a full-time high school senior. Our adopted parents made my sister sign the check over to them because she was then 18. She was told that if she's living in their house she had to sign it over or move out.).

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It is legal, they're your guardians and I believe that gives them power to act in your name until your 18. Is it right or moral? That is up to you to decide.

Once your sister turned 18 they no longer have rights to the cheques written to your sister. They also are no longer legally required to provide the necessities of life. So they can start charging for room and board. So if you look at it being payment for room and board then it is all kosher. At this point though I would get a legal document describing the agreement. Saying that she pays XXX amount and will receive YYY in return. She will cash the cheque and then give the money as required over to them.

Just getting her to sign over the cheque is a little dodgy, but if she's getting room and board from it I would consider it a Gentlemen's agreement. Just make sure that the SSDI cheques follow her if she moves out.

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Originally Posted by skeyedvr

2). When my mother passed away there were an unusual number of deaths in the facility that she was in right around the same time frame. This was so fishy that our grandmother, our biological mother's mother, was approached at the funeral by a lawyer and was told that he would represent the family for free if we would like him to add this case to the many others that he was representing. She declined and told the attorney that her family has been through too much and doesn't want to put the family through any more trauma. So my question is, is there anyway to seek legal ramifications if there was foul play or neglect that caused my mother's death?

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This a question for this lawyer. It is probably too late to jump on that band wagon though. The statue of limitations might have run out in that time. Did you keep up on that lawsuit?