From Pennsylvania. My 8 yr old sons father was killed in action overseas. His father and I were never married. Due to his death my son becomes beneficiary to the military death gratuity. Two questions: In Pa can a parent (me)be named guardian under the Uniform Transfer to Minors Act? And in regard to the DG payment for my son can it be contested because grandparents were given power of attorney in the Will or is the DG separate from directives given in Will? Not finding answers anywhere.

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Originally Posted by my2boys

From Pennsylvania. My 8 yr old sons father was killed in action overseas. His father and I were never married. Due to his death my son becomes beneficiary to the military death gratuity. Two questions: In Pa can a parent (me)be named guardian under the Uniform Transfer to Minors Act? and in regard to the DG payment for my son can it be contested bc grandparents were given power of attorney in the Will or is the DG separate from directives given in Will? Not finding answers anywhere.

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Was paternity proven, acknowledged?

I thought the Uniform Transfer Act applied only to gifts - I'm sure someone who knows 100% will come along.

The Power of Attorney became void when the person who signed it (the father of your child) died. A P/A always ends with a death. The Will could not have legally given P/A to his parents.

The DG is separate from the Will.

Also your son should be receiving SSI survivior benefits. So long as paternity was established.

There is no power of attorney in a will, POA is ability to sign for someone that is still alive.

Exactly what, life insurance, if the chid is specificly named, then he gets it.

If it is other property and the child is not specificly listed but it is going t the estate, anything can be contested in probate court

Paternity was established when my son was 2 months old. He never denied paternity, but his parents demanded the test because he still lived under their roof.When not on active deployment he had a very good relationship with our son and he and I got along very well. Just decided the benefits of being together did not necessary out-weigh the risks when there was a child involved. My son does receive other survivor benefits that I have transferred into a trust acct for him on a monthly basis (I don't ever want anyone to question my motives or feel I'm trying to profit off my child) Paternal grandparents use the financial situation as leverage with me and my fear is they will contnue to do it to my child as he gets older. I don't believe they can petition for guardianship of my sons estate without my permission, but I keep hearing I can't do it at all because I'm his mother. State statutes in PA read like a foreign language and sadly even local attorneys are clueless because it's a military casualty.

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Originally Posted by my2boys

Paternity was established when my son was 2 months old. He never denied paternity, but his parents demanded the test because he still lived under their roof.When not on active deployment he had a very good relationship with our son and he and I got along very well. Just decided the benefits of being together did not necessary out-weigh the risks when there was a child involved. My son does receive other survivor benefits that I have transferred into a trust acct for him on a monthly basis (I don't ever want anyone to question my motives or feel I'm trying to profit off my child) Paternal grandparents use the financial situation as leverage with me and my fear is they will contnue to do it to my child as he gets older. I don't believe they can petition for guardianship of my sons estate without my permission, but I keep hearing I can't do it at all because I'm his mother. State statutes in PA read like a foreign language and sadly even local attorneys are clueless bc its a military casualty.

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I suppose they can petition - I just don't see how or why they would win. I'm also not quite sure why the place of death or status of the deceased matters.

But if Attorneys sworn into practice in Pennsylvania don't know, I sure don't! :D

The SSI benefit is to help offset the loss and to help raise the child. Its perfectly acceptable for you to spend it as needed.