Legal Question in Social Security Law in Pennsylvania
Social Security Death Benefits
My father in law passed away and had literally no money and no life insurance. He has been divorced from my husband's mom for 29 years. Since she was married to him for 10, she applied to receive his social security and was awarded it. Is this possible? Can the funeral costs be paid from that money?
3 Answers from Attorneys
Re: Social Security Death Benefits
Yes; yes.
If she was divorced and meets other conditions (e.g., married for at least ten years; been divorced for at least two years; is at least 62 years old; is unmarried, and not eligible for equal or higher benefits bases on her own work record).
Re: Social Security Death Benefits
Yes; yes.
If she was divorced and meets other conditions (e.g., married for at least ten years; been divorced for at least two years; is at least 62 years old; is unmarried, and not eligible for equal or higher benefits bases on her own work record).
Re: Social Security Death Benefits
She is not receiving 'his' Social Security. Nor is this a death benefit.
She is likely receiving her retirement benefit that is based on his earnings record. This is available for many divorced spouses but not all.
She could receive this benefit even if he were still alive, so long as she meets other requirements. See web link for specifics: http://www.socialsecurity.gov/retire2/yourdivspouse.htm
The monthly benefit is hers to do with as she wishes.
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Retirement benfits how soon do I need to apply Asked 4/23/08, 9:51 am in United States Pennsylvania Social Security Law
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