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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 36351
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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My fiancé is 78 and drawing ss benefits. He is a court

Customer Question

My fiancé is 78 and drawing ss benefits. He is a court appointed guardian of a 10 year old boy, since the child was born. Is his child able to collect his ss benefits if he passes away.
We will be married next month.
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

First of all congratulations on your pending nuptials! That is great.

Being appointed as a legal guardian over a minor child does not qualify that child for a social security child benefit unfortunately. Only children who are the biological children, or the adopted children of a retired person, or a dependent step-child are eligible for the child benefit. And that includes a survivor benefit in the event that the parent dies.

On the other hand, you as the wife would be eligible for a survivor benefit of you are married for at least 9 months before your spouse passes away, and you will also be eligible for a spouse benefit based on your new husband's lifetime earnings as soon as you have been married at least 12 months.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best this holiday season,

Doug

Customer: replied 1 year ago.
Is it possible for jay to adopt the child?
Customer: replied 1 year ago.
Is it possible to adopt the child?
Expert:  LawTalk replied 1 year ago.

Good afternoon,

There would likely be no reason that he could not adopt the child---but he would have to apply for the adoption through the court system. Then the child would be eligible for both a child benefit now, as well as a survivor benefit of your fiancee were to die before the child graduated from high school or reached 19 years old whichever occurred first

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Expert:  LawTalk replied 1 year ago.

Hi,

Do you have any additional questions for me?