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Can My Children Receive Survivor Benefits?

My mother had custody of my two daughters. They are both under the age of 7, and I would like to know if they can receive benefits because my mother had drawn Social Security for the last 8 years and she is now deceased. She had custody for the last 5 years now before her recent death.

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By BB

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May 2, 20140 found this helpful

Did you think about calling your local Social Security Office? They can give you the right answer.

 

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May 3, 20140 found this helpful

There is a difference between custody and legal guardian when it comes to issues like this. Was it a full legal parental rights removed by a court? Everything has to move through the court jurisdiction?

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This also means that you don't get custody back, have no part in their lives as set up by the court, and you do not have legal guardianship or power of attorney is any form for the kids.

 

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May 4, 20140 found this helpful

The first question as stated by another responder would be if your mother had legal custody given by the court? If she did then who has legal guardianship now - after her death?

I am sure that would have been set up by the court also. That is the person who should be going to the Social Security office for information on receiving benefits. No one else can obtain that information.

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You may be able to get general information other places - but not facts.

If by "custody" you mean they lived with her then most likely they cannot receive benefits - but - only the SS office can tell you for sure. But even if they are not eligible for SS benefits I am sure there are plenty of other benefits available for them and the person who takes care of them.

 

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