Q: My son father died right after winning his battle against social security. He was awarded about 90,000.
My son lives with me here in Texas the other child lives in oklahoma. What kind of claim do i file. When I went to social Security and applied for the remaining amount they said the kids don't get it. Both children get survivors benefits already from social security (rsdi). Their dad only received 30,000 before death. What do I do to get the back pay social security owes my son's dad?
A:
At death, back pay is owed to the deceased person's estate. The estate will get distributed by will or Trust, if he had them. If he doesn't have them state law will determine what happens to his estate.
I don't know which state the father was living in when he died, but most, if not all, states will give it to the person's spouse and children. Your wording suggests you were not currently married to the deceased, so that complicates things, and each state handles this differently. Some states will give a significant portion to the current spouse prior to death.
You will want to start by talking to a probate attorney licensed to practice in the state where the father lived at his death. Keep in mind that attorneys don't know if they can help you until you tell them your situation. This means attorneys will normally do a free consultation to find out what they can do for you.
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