Legal Question in Social Security Law in Minnesota

Name change and social security

I am a widow to a suicide. My husband was abusive and controlling. I want to know if it is possible since I am getting married soon if my 2 minor children can take on my new husbands name and still receive social security death benefits. We live in Minnesota. If they can take on future step dads last anme how do I go about it?

Both boys are eager to have their name changed because of teasing from other children at school because of fathers suicide. Small town talk never seems to end. The boys are 9 and 10 now and it has been 3 years since dads death...I thank you ahead of time for your help.

Linda


Asked on 9/07/00, 1:50 am

2 Answers from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: Name change and social security

First, you must consult with a Minn attorney re: name change laws in that state.

SSA has a form for name change which is generally used for marraige and adoption. So, SSA may think your new husband has adopted the children and terminate benefits. Check w/ your local SS office and tell them what you are planning

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Answered on 9/07/00, 9:41 am
James Grissom Law Office of James P. Grissom

Re: Name change and social security

Your correspondence indicates a concern for adoption of the boys that their SS would be lost and that is very likely. However, in Texas at least, and surely MN has a similar procedure, it is possible to make application to the District Court for a name change only. Ask a lawyer in your locality - usually this is a minimum fee procedure.

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Answered on 9/07/00, 9:43 am


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