Deceased Parent(s): What does a minor dependent get?

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dma_va

Registered Users (C)
Guys,

Please excuse putting this thread here. But u r the only good friends I know on this forum.......................

I need some enlightment here.

In the unfortunate situation of a minor child/children rendered without parents in this country (due to death), how and what the child inherit left by the parents.

Who takes care of assets? I understand there is a provision of writing a "WILL", but don't know the head or tail of it......
 
dma_va

I am not sure if this story would help. But I still like to share it. I know a person whom I interviewed and slected him for my project 4 years ago. After 2 years of working there, he was diagnosed for cancer. He suffered for 2 years and died last year. I was with them throughout their dough times. He has a wife who doesn't speak english never went to school in India. She is from a village. She was also too young. She had a 2 years old boy. The guy was in H1B. After his death , his wife did not want to stay in the U.S, but the child being a citizen is eligible for social security benifits. What was surprising was that, the Social security adminis will send the money to India (1200$) till he becomes 18years old.

The poor girl's life is saved. She is receiving 1200$ which is a lot of money in Indian rupees every month for the child support.

I think that is a good support for that young widow!
 
Thanks for the info, I also needed information on this, If a person died was on H4 visa and wife on H1 who survived, Can a citizen child get any benefit.

Thanks in advance
 
pht

I don't think so. In my friend's case, she was H4 and husband was H1. She was dependant and had no child support. I don't see vice versa working.
 
I had the same doubt ..As a benificiary when I told the bank that I want my child as my benificiary...they said that as long as my child is a minor he is not going to claim for the money.So If both the parents die...and the child is a minor he is not going to get the money...
The state government is going to get it...So they suggested me to go for the WILL from the attorney....

So I am planning to do that....and also your minor children would need a caretaker(you can name anyone-if someone is in USA it is better) .
 
Girish rajput

If you are correct, then M friend's wife in H4 should have receivecd the Social Security benefits too right? She DID NOT receive SSN benefits. It was only granded to her son.
 
Guys,

I guess I didn't make myself very clear in my query........


If a minor child's parents (both) die due to a fatality, how are the assets taken care of and who does that?

Does the child get anything and when?

What needs to be done to expedite this?

One thing I got to learn was: You need to write a WILL in child's name and I guess there ought to be an adult care-takes who is assigned the WILL.


But I am not sure of all the minute steps in this.
 
thanks for bringing this up

Thanks for bringing this up. We don't want hard earned money to go to the state. As Indians we do have tendency to save etc..

Made me think a lot! I should write a WILL or something.

What happens all your relatives live in India. Does the state take care of that situation?
 
Girish you are party correct

Girish, you are party correct. If a person on H1 dies, his wife and child are elligible for SSN benefits.. THis has nothing to do with their citizenship status. You are right..

BUt if you read further, there is a clause where they say that you have to be in USA to receive benefits.. If you are out of USA for more than 6 months, you stop getting them. You can come back and re-start that payment..

But this 6 month limit is not imposed on a US citizen. If you are a USA citizen, you can get that money, where ever you life..

So, in short, that ladies child being USA citizen, would get benefits.. But that lady can not.. Becasue she can not stay in USA since her H4 is no longer valid.
 
dma_va,

I may not have the complete and correct answer but I think the assets get transferred to the state and the state establishes a trust for the child. That is, provided, no one from the parents' close relative circle (grand-father/mother, uncle/aunt) petitions for custody of the child.

This is more from logical thinking than from concrete knowledge of the process.

Also, I would like to use this email to get one of my own questions answered.

A friend of ours died after a heart-attack and is survived by his second wife and a 2 year old girl. The problem is that he had taken a life insurance (before he got married for the second time) and the beneficiaries were the deceased's niece and daughter from the first marriage (60-40) ... totally un....believable! The second wife didn't know anything about the insurance policy until after the death and the disbursement of benefits.

Is there anything that she could have done or still do to get the money for the better life of her 2 yr. old? When I joined the company that I am with currently, I was asked to get my wife's consent (signature) if I wanted to have even a small percentage of my benefits go to my father, in case of my death. If that is the case, should the insurer (the company) have done anything to find out if there are any new contesters for the benefits?

-Palaniappan Rajaram
 
What about other way around ?

If an H-1B/GC holder's parents die back in the home-country, is there any obstacle to child inheriting the parent's property/money while he/she is in the US?

Does the US-IRS have any stake in the inheritance? I mean does the Estate Tax apply to immigrants who inherit property/money from overseas relatives?


If they did that would be morally wrong. The net-net is you would have the world's richest country claiming funds from dead people in 3rd world countries. What a joke?!
 
Prajaram,

I think change of family status after his 2nd marriage, should have brought in her wife into picture and his wife's consent would have been a requirement for any kind of distributions.

But unless, he changed his status in the records of Insurance company (due to 2nd marriage), I don't know how henmanaged to do that (not adding his wife's name)........
 
Even

the minor children go under foster care if you do not have a will. Please buy a WILL software (we bought Quicken) and do it. It is very simple and easy. I think you need three witnesses to sign it. Give one copy to the gaurdian (whom you specify in the will), and keep the original in the bank locker. You do not need a lawyer to make the WILL. They will charge huge amount for this simple process.
dma_va : Hope this helps.
 
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