If my husband and I been separated, what am I entitled to now that he has died?

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If my husband and I been separated, what am I entitled to now that he has died?

My husband and I been separated for 2 years but no paper has been filed yet. We have a daughter together and 3 weeks ago I gave birth to my son with another man but husband’s name is on the birth certificate (since we were still legally married). Then 2 weeks ago he died in an accident. Can I collect social security for me and my kids? and am I entitled to anything even though we were separated?

Asked on June 18, 2014 under Estate Planning, Ohio

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for your loss.  If you were legally married at the time of his death then you are legally entitled to a portion of his estate. I would speak with an attorney in the Ohio area about same. As for Social Security, speak with the attorney about the ramifications on filing for the child that is not his.  Good luck.


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