Legal Question in Wills and Trusts in New Jersey
Social Security Disability benefits and wills
My uncle filed for Social Security Disbaility benefits and received a favorable decision from the ALJ, so he is entiltled to retroactive benefits from 1998. My uncle died in December 2000 and we received notice of the favorable decision in January 2001. We have my uncle's Will leaving everything to his sister and nothing to his children. The SSA tells us that the children are due to receive these retroactive benefits, despite provision to the contrary in the Will. Is this true? Can a SS regulation ''trump'' a person's last wishes expressed in their Will?
1 Answer from Attorneys
Re: Social Security Disability benefits and wills
Yes- because social security is outside the Will and determines benefits based upon family relationship, not will provisions. Only spouses and/or children are eligible for these benefits.
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