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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5766
Experience:  20 years of professional experience
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My father has been divorced once and a widow. He is now

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My father has been divorced once and a widow. He is now currently living with a woman and is thinking of getting married. My mom is still alive and didn't get any benefits from my father when they divorced. He claimed bankruptcy and she settled for a portion of his retirement. My dad is thinking of marrying his friend. He has asked for our input and frankly we'd like to have some inheritance for our kids.
My questions are: Can My mother get any social security benefits since they have been divorced and he eventually remarried. They were together 16 years. and Can he just offer life rights to the house to offer his new friend some support without signing over everything? If they marry, we could lose all claims to everything.
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

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Expert:  Maverick replied 1 year ago.

1. Can My mother get any social security benefits since they have been divorced and he eventually remarried.

Since their marriage lasted at least 10 years, and if mom does not remarry, she can can receive benefits based on dad's employment record (even if he remarries) if:

  • mom is age 62 or older;

  • the benefit that mom is entitled to receive based on her own work is less than the benefit she would receive based on dad's work; and

  • dad is in fact entitled to Social Security retirement or disability benefits.

2. Can he just offer life rights to the house to offer his new friend some support without signing over everything?

Yes, he and his friend can own the home as a life estate with the remainderman passing to mom or her children upon the end of dad's or friend's life; whoever lives longer. So they can live there or rent it out till the end of their lives but then the property passes to the remainderman.

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