How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13283
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
10805288
Type Your Social Security Question Here...
Stephanie O Joy, Esq is online now
A new question is answered every 9 seconds

How can I make sure that my social security goes to my son

Customer Question

How can I make sure that my social security goes to my son and not my husband, when I die?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Typically, your benefits don't go to anyone. However, if you have eligible dependents, THEN they may be beneficiaries to Social Security Insurance that stem from your work record. But no, your own benefit doesn't, per se, go to either.

That said, a child can get a dependent benefit in an amount of up to 75% of a deceased parent's primary insurance amount, while a spouse, if 1) raising a child under 16 of the deceased 2) or over 50 but disabled or 3) over 60 -- can be eligible for a 'widower' benefit (survivor benefit) o f71%-100% of the deceased spouse's PIA or benefit amount (depending).

Now, if the child files for an is approved for such a survivor benefit, but he is a minor and considered unable to handle his own money to pay his own bills, there will be a Representative Payee obligated to be assigned for that purpose. It is typically the other parent if raising that child, since he is in the best position to use that money for the child's needs (food/shelter, etc., or savings, if the child's needs are elsewise met). He can not use it for himself and generally must provide the SSA an "accounting" - although that is often a vague requirement when it is a parent. The husband's own receipt of benefits, if any, are his own, and of course he can do with them what he wishes. Your own benefits cease to exist, since you must survive a whole month to be eligible for any month thereafter.

If you have no minor children, or no children disabled before age 22, and no dependent spouse (as defined by the SSA law), no one will have any benefits stemming from your working record and SS insurance.

Expert:  Stephanie O Joy, Esq replied 1 year ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.
Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.
Sincerely, ***** ***** Joy, Esq.
Your online SS legal resource!