Garland, TX asked in Social Security for Texas

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?

Related Topics:
1 Lawyer Answer
Kenneth Prigmore
Kenneth Prigmore

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.