My aunt has my little brother and she wont let us see him. After my mom had passed away she put a restraing order on members of my family, shes using the kids for her to recieve benefits and she doesn't have any of them. She is making my family miserable and i can't take it no more. My mom passed away from cancer and has 4 survivng children i have the 14yr old and my other sister has the 17yr old and the 4yr old is with his dad. My mom had signed over power of attorney to my aunt and now my aunt is blinded from the money the kids are to be recieving, i believe she wants it all to herself and left my mothers kids without a dime. There was donations for my moms head stone and my aunt spend that money, my aunt was getting food stamps in the kids name and didn't give none to them. I want her out of the family and out of our lives. She has my 8 year old brother who doesn't want to stay with her and didn't ask us if she could take him. I know my brother want to come home to us but im afraid my aunt will call the cops on me. My brother doesn't have a dad but my mom was married at the time he was born. As for the rest of the kids their father doesn't want them so we have them. help me im desperate what can i do? :confused: :confused:

Report her for welfare fraud. You talk about money and a benefit..I'm gonna assume Social Security based on the fact your mom passed away... Report it to social security. Go to court and get legal custody of the children. (unless they live with the dad-someone needs to be the legal gaurdian.)
Contact legal aid and see if they can help you.
You can have restraining orders amended to include visitation. If the biological dad will not help- see in the Man who was married to your mom will claim the child. (Since he is the LEGAL parent).
IF you think the estate was handled wrong, You may wish to research probate law. Usually any money left to an estate would go to the spouse, then if no spouse the children(evenly split) .
The power of atty (and you may wish to double check this) is only in effect while your mom was living. It should have nothing to do with the present circumstance.

Why did the judge grant the restraining order? In order to obtain a restraining order, everyone on there should have recieved a summons to appear because they have the right to fight it. If the judge felt there was sufficient evidence to back an order such as this, I don't think you could get it turned over, but I do believe, as stated above, that you could petition the court for supervised visitation. If the donation container stated that it was for a headstone, then it was illegal for her to use it for any other reason. Did your mom get her headstone?

I left out the fact that my 23yr old sister had beef with my aunt one nite and it resulted in a court battle. They got drunk and got into a fight. My sister was taken to jail and my aunt said she wasn't pressing charges. That was in the begining, toward the end of the case she said outrages lies in court to keep my sister the "monster" in jail. My family who do help say that she is blinded by greed and really thinks she can get the benefits. Im scared cause i don't know what my mom signed over to her. I know my mom was real sick but what did this women say to her to make her sign over her estate and not to her older children. My mom was going through a divorce and her ex husband tried to take the kids. So she told him the 8yr old isn't his. So the biological father, and my moms ex doesn't want nothing to do with him. So does that make him a orphan? I think my aunt knows that she trys to contact my moms ex and he for sure isn't helpin her.
My brother was born with some health problems and he recieves benefits. i think she wants some piece of the pie. im just worried bout my brother in a house full of alcoholics and rageaholics.

I left out the fact that my 23yr old sister had beef with my aunt one nite and it resulted in a court battle. They got drunk and got into a fight. My sister was taken to jail and my aunt said she wasn't pressing charges. That was in the begining, toward the end of the case she said outrages lies in court to keep my sister the "monster" in jail. My family who do help say that she is blinded by greed and really thinks she can get the benefits. Im scared cause i don't know what my mom signed over to her. I know my mom was real sick but what did this women say to her to make her sign over her estate and not to her older children. My mom was going through a divorce and her ex husband tried to take the kids. So she told him the 8yr old isn't his. So the biological father, and my moms ex doesn't want nothing to do with him. So does that make him a orphan? I think my aunt knows that she trys to contact my moms ex and he for sure isn't helpin her.
My brother was born with some health problems and he recieves benefits. i think she wants some piece of the pie. im just worried bout my brother in a house full of alcoholics and rageaholics.
I don't even know what to say except see a lawyer!!!!!

Call CPS(child protective services) if you think your brother is in any danger. Call Legal Aid or have everyone you know help you to get an Atty.