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New Member
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Sep 29, 2008, 11:51 PM
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Trust fund issues in Oregon.death of parent.social security
This is in the state of Oregon, Multnomah county.
So my situation is a bit complicated.
When I was 6 my father left me with a random woman who was his girlfriend, for the moment. He left back to Alaska and for the next 4 and a half years she became my primary care giver. At age eleven (1999) he decided that I needed to live with him again. He was a drunk, and later we came to find out, a drug addict. My mother at the time was in federal prison. Needless to say, I did not want to live with my father. It was not a good situation for me to live in, and I knew it, so I put a restraining order on him, and she got "guardianship" of me. Two days later my father died.
When I was 15, due to years of some physical abuse, and a vast array of emotional abuse, I left home. Well, I ran away.
I was a missing person for 3 years.
During this 3 year time, I contacted a lawyer to procure my social security number and birth certificate so that I could obtain a job and stop being homeless. My guardian refused. The lawyer and I called the Multnomah County probate office to check what the guardianship status was, and when we talked to them, no guardianship was found. We called a few other counties just in case, and again, nothing was found. The only thing that was found was a statement that my supposed guardian had made on my fathers small estate.
The lawyer informed me that if there was no guardianship that existed, then there was no legal authority from her over me.
I found out that I should have, supposedly, been receiving social security checks in order to support me from the time of my fathers death until I reached the age of 18. I am not entirely certain if that is true, or if that changed when I ran away from home.
I also found out that I get access to a trust fund when I reach the age of 21, which will be in the next two months. My guardian refuses to give any more information other than it is invested in stock and I will receive it when I turn 21. With the way that the stock market is, I am a bit nervous about the money.
Also, how much should I have been receiving every month for social security? She really was only providing the most BASIC living items, and insurance, which was really only like, 100 or 150 a month. And if I was still receiving the checks at age 15, I was not with her, or living with her, so no I required no living expenses, so all of the money should have been going into the fund, correct?
Please get back to me.
And if she really was not my legal guardian, isn't that tax fraud for claiming me as a dependent? Not that I would report her, just curious.
Only serious answers from those that know law please.
Thanks!
*side note: My father owes at least 100,000 one year in 1987 for tax evasion, and like at least 50,000 for 1992, and who knows how much else. He was a very irresponsible fisherman. Is there a chance that they will go after next of kin (me) and try to get me to pay it?
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Uber Member
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Sep 30, 2008, 06:40 AM
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 Originally Posted by breezyb
This is in the state of Oregon, Multnomah county.
So my situation is a bit complicated.
When I was 6 my father left me with a random woman who was his girlfriend, for the moment. He left back to Alaska and for the next 4 and a half years she became my primary care giver. At age eleven (1999) he decided that I needed to live with him again. He was a drunk, and later we came to find out, a drug addict. My mother at the time was in federal prison. Needless to say, I did not want to live with my father. It was not a good situation for me to live in, and i knew it, so I put a restraining order on him, and she got "guardianship" of me. Two days later my father died.
When I was 15, due to years of some physical abuse, and a vast array of emotional abuse, I left home. Well, I ran away.
I was a missing person for 3 years.
During this 3 year time, I contacted a lawyer to procure my social security number and birth certificate so that I could obtain a job and stop being homeless. My guardian refused. The lawyer and I called the Multnomah County probate office to check what the guardianship status was, and when we talked to them, no guardianship was found. We called a few other counties just in case, and again, nothing was found. The only thing that was found was a statement that my supposed guardian had made on my fathers small estate.
The lawyer informed me that if there was no guardianship that existed, then there was no legal authority from her over me.
I found out that I should have, supposedly, been receiving social security checks in order to support me from the time of my fathers death til I reached the age of 18. I am not entirely certain if that is true, or if that changed when i ran away from home.
I also found out that I get access to a trust fund when I reach the age of 21, which will be in the next two months. My guardian refuses to give any more information other than it is invested in stock and I will receive it when I turn 21. With the way that the stock market is, I am a bit nervous about the money.
Also, how much should I have been receiving every month for social security? She really was only providing the most BASIC living items, and insurance, which was really only like, 100 or 150 a month. And if i was still receiving the checks at age 15, I was not with her, or living with her, so no I required no living expenses, so all of the money should have been going into the fund, correct?
Please get back to me.
And if she really was not my legal guardian, isn't that tax fraud for claiming me as a dependent? Not that i would report her, just curious.
Only serious answers from those that know law please.
Thanks!
*side note: My father owes at least 100,000 one year in 1987 for tax evasion, and like at least 50,000 for 1992, and who knows how much else. He was a very irresponsible fisherman. Is there a chance that they will go after next of kin (me) and try to get me to pay it?
You are not responsible for your father's debts - I would be surprised if someone didn't/doesn't attach his estate.
As far as SS is concerned - benefits are not automatic. Someone would have had to apply. Do you know if someone applied for benefits for you and received them and for what period? SS would know, of course. If there was no legal guardianship - and SS requires paperwork - I don't know how she was receiving benefits for you.
Your guardian does not have to account for the benefits if she received them - if she provided a home with utilities by law she provided that home for you and "your benefits" could legally be used to fund the home.
As far as how much SS she received for you - if she did - there is no set dollar amount. The benefit was based on your father's earnings. Again, SS would have the information.
As far as the trust fund, the guardian legally doesn't have to give you any information.
Do you have proof she was claiming you as a dependent on her tax returns?
I think you need an Attorney.
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Ultra Member
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Sep 30, 2008, 07:43 AM
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As Judy pointed out it dosen't sound like she is doing anything outside of legal. If you were living with her then of course she is going to claim you on her taxes there are many many ways to do this other than to say you are her child. She also dosen't have to give any information about your trust until you have reached 21. As far as your fathers debts no, they won't come after you but they would have attatched a claim to his estate so there would have been less if any for anyone else to claim (depending on how big of an estate there was).
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Internet Research Expert
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Sep 30, 2008, 02:15 PM
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As far as you receiving anything from social security goes that's up in the air because you would have to know the status of how any of it was paid if your dad was self employed. He might not have paid anything into it. As far as the money you think your getting from what you have said about him oweing back taxes you might consider yourself lucky to be getting anything and from the sounds of it it might have been because this woman who took you in made it happen at the time.
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