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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9090
Experience:  Since 1983
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My sister led on the family and the court gave her cosdusy

Customer Question

my sister led on the family and the court gave her cosdusy of my father before he died. he and my mother was not living together but still married seeing each sometimes. now she is in court now trying to take his social sercurity from my mom, can that happen?
JA: OK. The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Is there anything else important you think the Estate Lawyer should know?
Customer: he didnt have anything but an old car..
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and connect you two.
Submitted: 8 months ago.
Category: Estate Law
Expert:  N Cal Attorney replied 8 months ago.

Thank you for your question.

My answer is No, that is not going to happen. Social Security benefits owed to a surviving spouse do not depend on whether the parties were living together or whether one of them was under a conservatorship or guardianship.

I hope this information is helpful.

Customer: replied 8 months ago.
I'm sorry for the delay I'm on the east coast and I'm not sure of the time difference. Yes, that's what I thought. She went to pobate court again without talking to my mother and took her some paper about signing away her t right to her. I haven't seen the paper yet my mother told me about it. She is looking at different lawyer now. We are in South Carolina. We don't understand why she's going through this except for the money which she got all the insurance money off my father.
Expert:  N Cal Attorney replied 8 months ago.

I don't know why she is doing this either. She might get a burial benefit from Social Security but the surviving spouse is the onl one eligible for surviving spouse benefits, see

https://www.ssa.gov/planners/survivors/onyourown2.html