My dad was in the army during Vietnam. My parents got a divorce in 92, dad passed this year. She's getting VA benefits, but I am the blood dependant and offspring of my father. I was disabled since age 5. Why is my mom after being divorced drawing but I am not? Also don't I become the automatic heir if there was no will? No other living siblings. Please help, she is selling all my memories with my dad.
Good Luck
Have you asked your mom for those monentos of your father’s? Maybe she doesn’t realize how much they mean to you.
At one point my father was receiving a fraudulent pension. I talked him out of it, and he never let me forget it. It would probably be better to focus on getting a disability pension for yourself, rather than dobbing in your mother. Apart from anything else, you may be better off in the long term if she has an income herself.
And yes, ask a local lawyer, don't rely on me or any comments from posters.
No, you are not automatically an heir. Did Dad have a will? If so, who was assigned Executor and Beneficiary. If no will then Mom could have gone to Probate and asked to be Administrator of Dads estate. If this was not done, then as a divorced spouse she has no legal standing. You then are the next of kin and can go thru the process I mentioned.
You need to call Probate in your county. See if the will has been probated, if no will see if anyone has been made Administer. If a will has been probated, the Executor had a certain amount of days to contact beneficiaries and interested parties that the will has been probated and on file for anyone to see. If Administor, same thing follows. You may find that Dad made her Executor. If she was made Administrator because there was no will, see if you can contest it. Tell probate she is an ex and you are next of kin. If you find no will has been probated or administrator assigned, ask Probate what you can do to stop her from getting rid of your father's things. Really, without executorship or Administrator she is doing this illegally.