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.

Along with what JoAnn29 stated see if there is a Legal Aid in your city to help you answer your questions. They have free services.

Good Luck
Helpful Answer (1)
Reply to Shell38314

Did neither parent facilitate applying for and received help by the VA for you back before they divorced or were you younger than 5? I’m hoping you are getting SSDI from your mom or dad’ wages.
Have you asked your mom for those monentos of your father’s? Maybe she doesn’t realize how much they mean to you.
Helpful Answer (0)
Reply to Shane1124

Since there was no will, you aren’t an automatic heir. You weren’t named a beneficiary of your dads property and without a will, you’ll have to go through probate. And some divorced spouses are entitled to VA benefits.
Helpful Answer (0)
Reply to worriedinCali

I got smacked a couple of posts ago for comments on a comparable situation, since when I have done a quick check on USA law. If you are now an only child, it looks to me as though the situation is probably that you will inherit everything from your father. However I wonder how your mother can be selling your father's belongings. If he was supporting her (or anyone else), or she still spent time living with him, the situation may be different. If she is selling things that went to her at the time of the divorce, they are now her own and you can only ask for them to come to you - perhaps you buy them from her yourself.

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.
Helpful Answer (2)
Reply to MargaretMcKen

As a divorced ex spouse my understanding is Mom is not entitled to benefits. But, maybe, he collected during the marriage so it carries thru? VA was never told there was a divorce? This is a question for the VA. Also, ask about being a disabled child before age of 18 and if ur entitled to anything.

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.
Helpful Answer (1)
Reply to JoAnn29

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