does an eligitimite minor child have rights to his dads social security benefits if he is deceased?

Question

my son & his girlfriend have a 2yr old, my son recently passed away at age 19. Is my grandchild eligible for social security benefits.? His mom is struggling to take care of him by herself.

Answer 1

Yes, it doesn't matter if they were married or not. Though as others have said since he was only 19 he may not have accrued much in the way of SS benefits. Not that she wants to... but if necessary social services can help too. For instance if the child gets 200.00 a month from SS, she may be eligible to get additonal money or foodstamps from Social Services (but maybe not, see below). I know its never the best thing to live off of the taxes of others, BUT in this situation she needs help. I lost my ex-finacee a few years ago and I was devastated... I can't even imagine if I had actually had a child by him.
A grief counsler would probably be in order too, I should have gotten one.
I urge you and the mother to stay close, she needs you and you need her. Call social serivces and social security and see where she should start. There are many programs she could take advantage of from WIC to state child care when she is ready to work. Again, social services (welfare) is not meant to be a free ride, but I know right now she is probably facing a very difficult time and will need someplace to start.
I have only ever collected WIC, so I am not experienced with other programs, but I had to sit in the social services office for 2 hours one day (long story) and heard their little TV program playing and it did mention social securty benefits and welfare benefits might conflict so do your homework before accepting any assistance because one program may be better for her than the other.

I am deeply sorry for your loss, as a mother it breaks my heart to even think of such a thing happening. I am so so sorry.

Answer 2

I had the same situation and my son will be getting the benefits. His father was not on the birth certificate and paternity had never been established because I could never locate him. I did not know his social security number and I thought he had left the country because he had another son in the country he was from. I almost located him once and actually spoke to his wife (that he met after me) and she lied and said she was his sister and he was not in the US. I thought I had the wrong person (he had a common name). Last year I hired a PI and found out he had died in 2009. I started searching for ways to get paternity declared from a deceased father. I contacted lawyers and very few responded, the ones that did wanted a $5000 retainer. Then I found out I could file something called a petition to determine heirs in the probate court in the county where he had lived at the time of death. It cost $85. They ordered a hearing. I was told by the law clerk there that genetic testing would probably be required from a relative of his, since there had been no paternity establishment, no child support, no written acknowlegement of paternity from the father, no contact). I went to the hearing and my sons' father's widow went to the hearing and we testified. I won't bore you with the details, but the judge granted my petition based on the testimony and the court documents I had that showed I had tried to locate him multiple times and establish paternity. I did not have to get genetic testing, which is good because I don't know if the mother of his younger sister would have allowed it - as she does not want to tell her about my son until she is older - she does believe now that my son is her late husband's child. I don't know how much of this was just at the judge's discretion. The laws on inheritance of children born out of wedlock and proving paternity after death vary from state to state. Apparently in this state (GA) it was enough that I provided "clear and convincing evidence" that my son is the son of the decedent. The testiimony included the conversation I had with the widow years ago. She said he admitted to knowing me but not to being the father (whether that is really true I don't know). In my case it was not that I chose not to pursue paternity establishment (as another poster mentioned)- I could not locate him. That made a difference. The case that you are talking about - was paternity established before the father died? If so, the mother's job would be easier than mine. Did the father ever acknowledge in writing that he was the father or support the child in any way (that can be proven)? If she has this kind of evidence, she can go the Social Security office and show them the evidence. If she has no such evidence, she will have to do something like I did. Are there relatives (parents, siblings or other children) of the deceased that could be genetically tested? As for actually getting the benefits, last week I brought the judge's order granting my petition to the Social Security office and my son was granted the benefits. His younger sister is also receiving them and this is going to reduce the amount she receives. I was hoping that wasn't true and she would continue to get the same but apparently it does not work that way. It's not much money because he didn't pay into the system very long but it's something. He can get it until he turns 18, and actually for 6 months after he turns 18 because he wil still be in high school.

Answer 3

I am sorry you lost your child at such a young age. YES, his child can and should get social society. I know a girl whom has 3 children with a man. He was murdered then his body left on train tracks and ran over. His children get money from social security they were never married. He probley did not have enough work history to get much money if he worked there will be something his child can get, it may not be a whole lot. The father of my friends children was 27 her kids don't get much.

Answer 4

If the father's name is not on the birth certificate, they might make it difficult - but it doesn't matter if the parents were married. Some divorcees can get benefits when their ex dies.

Here's a link:
http://www.ssa.gov/survivorplan/ifyou4.htm

This page explains that although your son probably had not worked for very long, there may still be a way for your grandson to collect some benefits:
http://www.ssa.gov/retire2/credits4.htm

Answer 5

If paternity can be proven I think the child would have the same eligibility as a child who is considered legitimate. I would call your local social services department. They can tell you what the first step needs to be. I'm sorry about your son.

Answer 6

Yes. It doesn't matter if the parents were married or not. If your son's name is listed on the birth certificate as the father, then your grandson should be eligible. Sorry to hear of your loss. Good luck.

Answer 7

Is that 'illegitimate' & the way social security works now days if the child is eligible how much can his dad have saved up at 19?

http://www.total-knowledge.com/~willyblues/

Answer 8

If your son was named as the father on the birth certificate, then yes - the child is eligible for the death benefits.

My condolences. . .

Answer 9

Absolutely

Answer 10

Sorry for your loss. As long as there is proof that he is the dad (name on birth certificate) there should be no problem. It never hurts to apply. My step siblings collected from my fathers S.S. when he passed and stepmother was collecting child support from their real father.