Legal Question in Social Security Law in Pennsylvania
Social Security for children of deceased spouse
A father of 4 children abruptly expires. 2 of the children are ''illigitimate'' and in their teen years. The other 2 are under 2yrs and were a product of the marriage.
Is the illegitimate childrens' mother eligible to collect the deceased's SS and will that effect the amount that the wife can collect for the legitimate children?
Do they even consider ''born out of wedlock'' as ''illigitamate'' anymore?
I'm writing from the wife's perspective and what are her rights with respect to her deceased husband's social security.
Thank you in advance for your courtesies and consideration to this matter.
1 Answer from Attorneys
Re: Social Security for children of deceased spouse
First, let's understand that the deceased's Social Security benefit ends with his death. There was never an account with his name on it.
There is however, a survivor's benefit (think life insurance) for the survivors of persons who worked and paid the Social Security Tax and have earned sufficient quarters.
The survivors' benefits are available to spouses, ex-spouses and minor children, natural or adopted. Even step-children and grandchildren can receive a benfit under some circumstances.
There is a family maximum, so the more survivors who apply/are eligible, the smaller their share.
If you think you or a child are eligible, contact your local SSA office and apply.
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