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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117367
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If you were married to someone 20 yrs. and this person

Customer Question

If you were married to someone 20 yrs. and this person passes away...2 never remarried... to a
JA: What state are you in? It matters because laws vary by location.
Customer: I live in IL.
JA: Has anything been filed or reported?
Customer: yes I filled out an application and couple months after he passes.They statted
JA: Anything else you want the lawyer to know before I connect you?
Customer: sorry..SS started sending me his SS this has been over a year... Now I'm getting these papers in the mail saying they I cannot give this to an ex wife.. Now I don't understand why they started this.. The papers say the children should have gotten it..Now what are the restrictions for them.. We had 2 daughters together.. They are 50 and 52... Can they receive their dads benefits... if I cannot? Thanks
Submitted: 10 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were married at least 10 years and never remarried, you are entitled to a SS benefit as a spousal benefit based on his SS payments IF it is more than your own SS benefit, you are not entitled to his actual SS payments. As far as the spousal death benefit, that has to go to the legal heirs/children of the deceased, not the ex spouse. All the ex spouse is entitled to is to collect higher SS payments if it is more than their own SS based on their ex spouse's SS.
Customer: replied 10 months ago.
ok In case I get static from them what are rules for our daughters
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If your children are over 19, then they likely will not qualify for any benefits, as SS is not like a pension plan and they do not get to keep what is left in his benefits when he dies I am afraid.