Montgomery, TX asked in Family Law and Social Security for Texas

Q: Can a grandmother leave survivors benefits without having legally adopted them. She raised them and has sole custody

In texas

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James L. Arrasmith
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Answered

A: In Texas, a grandmother can leave survivors benefits to her grandchildren without legally adopting them. However, in order to do so, the grandmother would need to establish legal guardianship or custody of the grandchildren through the courts. This would give her the legal authority to make decisions on behalf of the children and receive benefits on their behalf. Without legal guardianship or custody, the grandmother would not have the authority to receive survivors benefits on behalf of the grandchildren. It's important to consult with an attorney experienced in family law to understand the specific legal options and requirements in this situation.

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