Husband died, can my child with another father collect benefits?

Question Details: My husband and I were separated and I had just had a daughter with another man when he died. We also had 2 sons. Can all 3 children receive benefits even though the third has a different father and last name?

Asked 11/5/2009 under Wills, Trusts, Probate | 270 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Wills, Trusts, Probate Law Answers

I am sorry for your loss. I am assuming you mean social security survivor benefits.  

Social Security survivors benefits can be paid to:

  • A widow or widower -- full benefits at full retirement age, or reduced benefits as early as age 60
  • A disabled widow or widower -- as early as age 50
  • A widow or widower at any age if he or she takes care of the deceased's child who is under age 16 or disabled, and receiving Social Security benefits
  • Unmarried children under 18, or up to age 19 if they are attending high school full time. Under certain circumstances, benefits can be paid to stepchildren, grandchildren, or adopted children.
  • Children at any age who were disabled before age 22 and remain disabled.
  • Dependent parents age 62 or older

The person who has died had to have been working and paid Social Security taxes.

Up to ten years of work is needed to be eligible for benefits, depending on the person's age at the time of death.

You should contact your local Social Security office to discuss your eligibility and the eligibility of your children.

Related Wills, Trusts, Probate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com