Legal Question in Family Law in Florida
paternity/SS death benefits
I have a 4 year old whose bio dad committed suicide in 2004. I never established paternity because he wasn't a good guy. About 3 years ago I got a letter from his ex-wife telling me he killed himself. I confirmed by locating the obit. He had 2 children with his ex-wife and one by me which he never acknowledged. Is there any way to establish paternity 3 years after his death, so my daughter can recieve social security survivor benefits? His parents I know would not be willing to cooperate? Help I need guidance. Also I am in Florida and he lived and died in Tenneessee
2 Answers from Attorneys
Re: paternity/SS death benefits
The statutes require that paternity be established during the life of the putative father. There is nothing you can do now that he is dead. I'm sorry.
Re: paternity/SS death benefits
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According to the applicable law, you are required to establish paternity during the lifetime of the father. Rather than give up without trying, you should place a call to Social Security and ask them if there is anything you can do at this time. It is certainly worth it to invest a little time to make sure that you cannot obtain any benefits for your child. Good luck.
Scott R. Jay, Esq.