USC on deathbed, Filipina wife on CR1 Visa... Need some advice..

[belinda63 3,047]

Again, refer to ssa.gov. There are no social security benefits to claim. He was not old enough to receive SS and the child is not his. The only thing would be the pittance of a burial allowance, if they still even do that.

The wife needs to start looking for work and a place to live. She can not depend on receiving anything from her spouse dead or alive.

[deidre 13]

Hey all, just wanted to give yall an update on this posting...

Sadly, the USC hubby did pass away during Christmas week. The adult daughter who is still in charge of the finances for dad, told the Filipina wife that she had about 5 days to sort out where she was going to live coz she will stop paying for the hotel. I saw Filipina wife on day of check out, she tells me she is going to stay in tampa with USC hubby's friends... A couple that have known USC hubby for a while, they know what is going on and offered her a place to stay for the moment till things can get sorted.

Filipina wife had her lawyer submit the papers to get POA, however now that he has died I think theres no need for that. Filipina wife told me that that the adult daughter told her that she would pay for her air ticket back to the Philippines to leave ASAP. Filipina wife declined cause why on earth would she want to just leave like that when USC hubby is not even buried!!!

Adult daughter took charge of the funeral, etc and is now withholding any info about where USC hubby's body is being held and where he will be buried. Adult daughter wants him in Arlington however Filipina wife says impossible because although he was military he was never in combat, and Arlington is for those who were in combat. Still many disagreements.

Saddest thing of all is Filipina wifes little boy does not understand what has happened to daddy. He asks where is he, she says he's in heaven, he replies if they can go to heaven to see him...

Since day of check out I've not heard from Filipina wife, if anything comes about this (immigration or otherwise), I will def update everyone. Thanks...

[TBoneTX 46,068]

Thanks for returning with the update. That poor little boy.

[thatangela 134]

Yeegads, that's heart-wrenching.

[Caryh 5,206]

Sad story all the way around.

[aaron2020 11,651]

Now that hubby is dead, the game has changed.

The POA died with hubby. It's no longer legally effective.

If there is a will, it will name who hubby has designated as his executor. The executor will be in charges of distributing hubby's assets. Wife should get her own attorney if the daughter is the executor; especially since executor has already acted in bad faith by cutting off the wife (I.e., estate no longer paying hotel) and offering to fly wife home despite having a green card.

If there is no will, then state law gives the surviving spouse priority to go to court to get right to distribute hubby's estate.

If she wants to protect her rights, wife needs a good probate lawyer. There is no way around this because I guarantee that the daughter will have her own lawyer.

On the immigration front; if wife has a conditional green card, she needs to file to get the condition removed since her husband has died. If she has a normal green card, then she does not have to do anything.

Edited January 23, 2015 by aaron2020

[Boiler 46,043]

By no means clear if he had any money. Daughter could have been paying.

[aaron2020 11,651]

By no means clear if he had any money. Daughter could have been paying.

True, but I have seen scenarios like this before. My guess is that the daughter used her POA to use dad's assets to pay for his wife's expenses. Usually the payments ends as soon as the POA dies with the person giving the POA.

[Boiler 46,043]

True, but I have seen scenarios like this before. My guess is that the daughter used her POA to use dad's assets to pay for his wife's expenses. Usually the payments ends as soon as the POA dies with the person giving the POA.

So paying the Hotel after he died, paying for a flight home would not be possible under the POA?

[deidre 13]

True, but I have seen scenarios like this before. My guess is that the daughter used her POA to use dad's assets to pay for his wife's expenses. Usually the payments ends as soon as the POA dies with the person giving the POA.

Aaron2020 you are correct.... The money/account that was paying the hotel was under USC hubby. The adult daughter got POA on him and has control of the account. Per the Filipina wife, the adult daughter has closed all accounts and withdrawn whatever was in there. This was prior to USC hubby passing away.

It's unclear about the will, if any. Adult daughter has done a lot of covering up and not communicating at all to Filipina wife, keeping everything a secret....

Thanks so much for ur info also, I will pass this on to he Filipina wife if she contacts me.

[aaron2020 11,651]

So paying the Hotel after he died, paying for a flight home would not be possible under the POA?

POA stopped being effective upon the hubby's death.

Aaron2020 you are correct.... The money/account that was paying the hotel was under USC hubby. The adult daughter got POA on him and has control of the account. Per the Filipina wife, the adult daughter has closed all accounts and withdrawn whatever was in there. This was prior to USC hubby passing away.

It's unclear about the will, if any. Adult daughter has done a lot of covering up and not communicating at all to Filipina wife, keeping everything a secret....

Thanks so much for ur info also, I will pass this on to he Filipina wife if she contacts me.

Sounds like the daughter stole from dad using the POA.

Wife can fight, but it's going to be expensive for an attorney.

[Darnell 8,479]

You're most welcome and please let us keep posted on what happened... I shared this story to my uncle way back in the Philippines who is a lawyer and contacting the immigration will be her first move. Hope everything will turn out good.

i disagree, that the first step is to contact immigration. in the PI or USA - no. It's a waste of time, energy and calendar.

Instead, as a spouse, she should get a lawyer in that county (not country) and have the POA overturned, or if it is a guardianship, have it expanded to JOINT legal Guardianship - usually a judge will award more than 50 percent to an existing spouse - it's tricky now because the wife wasn't in the USA till recently.

GreenCard issuance - need to check ELIS system, make certain ELIS fee is paid, then wait. Is possible it was already paid, and enough time has passed so that the card was produced and shipped out to the address in the DS-260. If no one there at that address, it would have been 'nixed back to TSC and it's probably being held there. If that's the case, engagement with a Congressman's office can get it resent to a new address. It'll be 2 cards - one for the son, one for the spouse.

The PoA is a problem at the moment, because of the husband's last legal domicile address in the USA. Is there a house there? Does he own it? What's the deed say currently? [can do research at a courthouse or records office to learn it]

Son - he holds a CR-2 or IR-2 visa foil stamp, he can easily get a SSN at a SSA office, Mom and him go in, apply in VISA name, have it sent to any address. With the passport and SSN card, getting into school is a breeze - but even most school systems allow day 1 entrance without validation of residency on day 1.

I know some time has passed since the OP first posted, hopefully things have

[Darnell 8,479]

[edit - sorry to hear about the death of the USC - that changes the landscape considerably - now must learn about rights of surviving spouse, both state and federal, get attorney to chase that, learn how/if/when a will will be executed]

[deidre 13]

Thanks Darnell... Great info !

[Darnell 8,479]

ya, sorry, time, timing, calendar, logistics,

none of that matters further, as the USCitizen is dead.