I was wondering if there was a way to draw up a Will that includes the distubution of my SSI?

Could I get get a court appointed payee that would make sure that my children would be properly taken care of. I want to be sure due to the fact that I really don”t trust that my ex-spouse will do what’s right.

Asked on September 24, 2013 under Estate Planning, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

That is not really how SSI works. To get benefits, a child must have a parent(s) who is disabled or retired and entitled to Social Security benefits; or a parent who died after having worked long enough in a job where he or she paid Social Security taxes.

The child also must be: unmarried; younger than age 18; 18-19 years old and a full-time student (no higher than grade 12); or 18 or older and disabled. (The disability must have started before age 22.)   

A guardian for the child would apply for the benefit for the child.  I think you want to appoint some one to watch over them financially for this purpose which may be possible but not likely.  If you pass on your ex would be their guardian under the law.  If it is possible that your kids could receive benefits now look in to it while you are able. Good luck.


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