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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
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 brother, aged 59, just passed away. His children are ages

Customer Question

My brother, aged 59, just passed away. His children are ages 25 and 29. He was married to their mother for less than 10 years. Who, if anyone, can claim his SS benefits?
Submitted: 2 years ago.
Category: Social Security
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry for your loss. My goal is to provide you with excellent service today.
Because both children are adults and presumably neither was living with him and dependent on him for their support at the time of his passing, then neither child would be eligible for any social security benefit based on his passing.
And because he was no married for more than 10 years to his ex, she would not be eligible for any benefit based on his lifetime earnings either.
Under the circumstances that you describe no one would be eligible for any social security benefit based on the death of your brother.
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 in 2015,
Customer: replied 2 years ago.
The reply was what I expected. Just wanted to hear it from an expert.
Expert:  LawTalk replied 2 years ago.
Thank you for your kind words. They are appreciated.
Please keep in mind that even though you have already paid your deposit money over to JustAnswer, or you may be a subscriber, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
Thanks again.
I wish you the best,