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Eligibility for Survivor Benefits

My son's father died 6 years ago and I want to make my husband (my son calls him dad) a legal guardian. Would his survivor benefits end if I do this?

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June 19, 20170 found this helpful

You should visit your local Social Security office and ask your questions because any changes will/could affect your son's future benefits for many years (until he is 18-19 years old).

If you are talking about legal adoption (changing his legal name) then I feel sure the answer to your question would be yes, his benefits would end but ONLY the social security office can give you correct answers.

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June 19, 20170 found this helpful

I think you will lose benefits because your new husband's income will be included in household income. However, I would make an appointment with Social Security.

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June 19, 20170 found this helpful

I just realized that your child is 6 years old and maybe you were thinking about him going to school with a different name than you or your husband? I believe this is a pretty common thing now but there are occasionally ways to remedy this. Why not get a free consultation with an attorney to see if there is a way to use both names on his school record. I do know there are some states that will allow this but not exactly sure how it is done.

This is something you can also discuss with SS but go by their answers as once this is stopped, I do not think it can ever be reinstated and - you do not know how your son may feel about this change when he gets older. I am just saying that money aside - there may emotional issues (his biological father's family?) so please give it some more thought before making a final decision.

I do not believe there will be reduction (because of added income) if this change (adoption) is made as the child will no longer be a child of his biological father and therefore no longer entitled to survivor benefits.

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