Legal Question in Family Law in New York

My mom and dad were married for over 55 years, he left but never divorced mom about 10years ago. He lived in Ohio, her in NY state. I saw he died Dec 17 ,2011 and has a wife listed (not my mom) whom he is still married to.

Can my mom collect on his SS? She supported the family most of the marriage, and is on a fixed income. They are both in their 80's

How would we start looking into this if it is possible for her to get his SS?

I have an address, his SS number--otherwise limited information.

Is the marriage he has listed (it says survived by wife) legal if he did not divorce my mom?

Thank you

Wendy


Asked on 9/28/11, 4:57 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

If there was no divorce, your parents are still married. Your mother is entitled to a right of election under New York law. Simply put, she is entitled to a percentage of your father's estate - even if she is not in the will. She can also collect on his social security.

Mike.

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Answered on 9/28/11, 5:33 am


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