28 answers

Father's Death

I just found out my 8 year old son's father has past away about a wk and 1/2 ago. He did not have a relationship with my son so my son does not know him really. I did attempt for them to meet but he would not be home when we'd agreed. Well I recieved a letter from child support informing me that as of Aug 30,2009 my case would be closed due to his death. I only recieved 2 child support checks from him the first one was about 3 years ago and the second was last month. I am really lost about how things work as far as social security benefits is concerned. The father didn't sign the birth certificate and didn't request a paternity test so the court automatically named him the father after 30 days of not arguing paternity. Can someone please tell me who can I speak with about this. I have never asked him nor his family for financial help even though god knows I needed it to avoid any bad confrontations. But now I want my son to get what he is entitled to. Please help my with this cituation I can't even get any info. online as to when he past away or what number do I call to see if my son's meets the requirements. I would really appreciate any advice I'm given.

What can I do next?

Featured Answers

Contact Ido, an attorney who works with this kind of stuff. He is a good person and very trustworthy. Tell him S. of BNI referred you. He can help you or direct you.

Best of luck! S.

his email is: ____@____.com

More Answers

Hi,

My husband died last year, leaving me with 2 kids to raise by myself, so I understand what you're going through. Your son is entitled to SSI until he is 18 years old based on what his father has earned throughout his life, so if he worked and paid taxes and earned any kind of decent wage, you will get a good monthly check for your son. Call the Social Security administration at (800)772-1213 and report his death. Make sure you have his Social Security number if available. It doesn't matter if you went after him for support or not, if the court named him the father of your son, then he's the father...PERIOD. You will have to submit some information like your son's birth certificate and Social Security card, etc. They will most likely set up a meeting at one of the local offices for you to sign everything etc., and they you will get checks (direct-deposited if you choose) on the 3rd of every month starting retroactive from the father died. Also, were you ever married to this man? If your were, even if you're divorced now, if you don't earn enough money alone, you're entitled to widow's benefits until your child is 16 years old. Also, the benefits for your son are NOT TAXABLE, so all that extra income, maybe $8,000+ per year will be nontaxable, and you'll qualify in a lower income bracket for taxes then you're actually receiving. If you have any more questions, I'd be happy to help you. Good luck, and be persistent!

2 moms found this helpful

All of the previous advice seems sound, but I would also contact the child support agency that sent you the letter saying they were closing your case, IMMEDIATELY. The state can file a lien against his estate for the arrearage he owes you. However his estate is handled (probate, etc) there will be a lien in place so that you get the past due money from whatever assets he may have, just like they can file a lien with the IRS and they can take his tax refund.

Contacting social security is also a good idea, to find out about whatever social security benefits he is eligible to receive and what you will need in order to obtain them... I'm guessing a copy of his death certificate and a copy of the court ordering establishing paternity of your child. Just FYI, he didn't HAVE to sign the birth certificate OR have a paternity test done. If the court adjudicated him the father (established paternity) then he is, regardless of whether or not he acknowledged or agreed to it. And if the court established a child support obligation, then I can assure you, there is a line in there establishing paternity as well....
Good luck to you.

2 moms found this helpful

If he is the legal/birth certificate listed father, I believe you can file for Social Security and other benefits. I would also pay attention to who files his probate case. You may have some relief there, if there are life ins.policies. The end result, you may want a quick consult with an attorney for ALL your options.

1 mom found this helpful

Your son should be entitled to part of his fathers estate seeing there was a court order for him to pay child support. You should contact your case worker right away.
Then get a good lawyer, there are lawyers that will take the case for free and only get paid if they win.
Also you son should be entitled to social security through his father until he reaches 18 years of age. Contact social security. But first you have to get a copy of the death certificate.
I was a single Mom most of my girls lives and they turned out great. We did not have the help of family. I moved the girls and I to Florida for our saftety as their father was a physco. Be glad you have the help of your family.
The longer you put off contacting the case worker and social security the greater the risk of not getting any help at all. Do it today, now!!!!!

1 mom found this helpful

Hi C.,

Is your child support case being handled by the state of FL?
If it is, please give me a call at ###-###-####. I can tell you right now that the state of FL sucks at enforcing child support orders. I have a remedy for this though and would like to share it with you.

1 mom found this helpful

It sounds like you need to speak with an estate/probate attorney. They know all the legal stuff regarding death, cost etc.

Be fore-warned that the family may want to have a paternity test done, before they will allow you to lay claim to any financial gain.

Depending on how much money & life insurance he had, if any it may cost you more than what you get out of it. Which is why your need to speak with an attorney.

1 mom found this helpful

Hi C.
Wow sad to hear that your sons father did not give him a chance to meet him but unfortunately it has been his loss (don't mean to be cold). But anyways you need to go to your nearest social security office and take all necessary documents to open up a claim. If the court ordered him to pay child support i'm pretty sure he is entitled to get bnfts from his father. Do it as soon as possible and find out being that child support agency enforced him to pay child support maybe your entitled to all the $$'s he owes you. If ss denies the bnfts you need to appeal it. Get what your son is entitled to. I don't know if you yourself can order a copy of his death certificate but try to find out. I also don't know the situation if his family ever tried to have some type of communication with your son but if they want to have it now, give them the chance even if you don't agree and even though they haven't been there for your son. Give your son at least that chance so he doesn't grow up not knowing his dads background & family. Let your son decide when he grows up if he wants to continue having any type of contact with them.
Good Luck
R.

1 mom found this helpful

I was in a similar situation when my son was 4 yrs old - no contact and no child support. I can tell you that your son should be eligible for SS Benefits - you need to apply for the SS Benefits which requires you to provide a cc of the Death Certificate - I'm not sure how the state calculates the benefits - believe its depends on how much the Father has pd for SS thru his employers. Your son should be eligible for these monthly benefits until he is 18 yrs old. Hope this helps and good luck to you.

1 mom found this helpful

I would start by contacting the social security administration to find out what the procedures are in this type of situation.

1 mom found this helpful

you would need to get a death certificate first. then contact the ss office to probably setup an appointment. my mom had to do this for myself and sibligns when we were younger and my dad died. you would need to bring the court papers that states he is the father also adn probably the birth certificate even though he didn't sign it. you should be able to order the death certificate either thru the funeral home or go the health department in your area or online and order it thru there. also i don't know if you have tried but go online to the social security admin website and it should liet you know what you need to do also. or call the office there in your area and ask them what you would need. it took a little while for us to get the check but we eventually got it and it did help.

hth

S.

1 mom found this helpful

You can order a death certificate here: http://www.doh.state.fl.us/planning_eval/vital_statistics.... Here's a page on how to contact social security office: http://www.ssa.gov/pgm/reach.htm. Don't know where you are, but the Tallahassee office is here: 2002 Old St Augustine Rd # B12 Tallahassee, FL 32301-4861 - ###-###-####. Just call them and ask what to do. Sounds like you have all the legal paperwork you need to prove he was your son's dad. I think you are right to do what you can to make sure your son gets what he's entitled to. God bless you!

1 mom found this helpful

Just call SS Office nearest you. He may not have signed the Birth Certificate ,but, as long as 3 people you know believe he fathered your child, SS accepts that as proof in addition to the court ordered child support ,wwhether you received $0 or not. You just need his SS# ,name ,DOB. You can go online to Obituaries by name of the person and/or the city where they lived to get the info you need about his death. I've been thru this with my deceased husband's minor children ,who didn't have his name and he wasn't on the Birth Certificate either. It is possible ,best of luck to you.

C.

1 mom found this helpful

Hello C. U,

I am sorry hear that your son's father passed away.

You can go your local social security, ask them if your son eligible for receive social security survivors benefits. you need to bring court order and proof that your sons father is a legal paternity and show your child support letter that they informed you that dad passed away.

You can get more information about social security survivors benefits. browse site : www.SSA.gov

You can check Legal Community service if you are eligible to get help deal with that situation.

Good Luck,
D.

1 mom found this helpful

take all documents: letter from child support saying he died, documentation saying the court named him the father, birth certificate, social security card, passport if you have one for him, etc

make copies

go to a free legal service place and ask for help.
this could take all day, but it must be done.
if you're in miami, Legal Services of Greater Mimi at 3000 Biscayne Blvd can help. most of these places won't help you on the phone, you must walk-in.

if you're NOT in miami, find the number for Catholic Charities (don't pay attention to the name- it has nothing to do whether or not YOU are Catholic) and call them to find out what free legal service agencies there are near you.

1 mom found this helpful

Call social security, you'll need his ss number, and file. Also contact his employer, there may be benifits for next of kin. His family may want to get to know your son now that they have lost him. Good luck

1 mom found this helpful

The first thing you will want to do is call your local social security office. If your son is entitled to any survivor benefits through social security they should be able to help you start the process.Also you may want schedule a consultation with a lawyer to see if there are any other benefits he might be eligible to receive. The lawyer may be able to help ensure your son gets any part of his father's estate that he may be entitled to as well. If you don't know a lawyer, you could look for a legal referal service throuh the Florida Bar or the Manatee County Bar memebership. Both those resources are online. Good luck!

1 mom found this helpful

sorry he did not seem to want to have a relationship with your son.

now about social security I would call them and ask them what you can do they will know what to tell you.Good luck. i do not blame you for wanting what you and your son deserve.

1 mom found this helpful

Hi C.,
In response to your email a similar situation happened to my little sisters from my father side. When my dad passed away my two little sisters did not have his last name on the birth certificate so I had to sign all necessary paperwork that their mom gave me in order for them to change the name and that way they would recieve Social Security benefits. If your son does not have his last name thats the first step you need to take to get the benefits your son if entitiled to. If he does have his last name but is not on the birth cert. then you need to probably have someone from him family contest that he is the father. Call the social security office and find out what neccesary steps you need to take or what forms you need to get started. If you wait too long you will not be entitled but if you get started you will get back pay. Either way be hopeful cause he will get the benefits you just have to be persistent in finding out how.
Good luck and God Bless.

1 mom found this helpful

Take your support order to social security and ask his parents for a copy of the death certificate. I would not be asking people or here, go to your local SS office.

1 mom found this helpful

A friend of mine works in Fort Myers with family law issues.
Contact Pablo Hurtado at

Ruhl Law Group:
www.ruhllawgroup.com
Ft Myers: ###-###-####
Punta Gorda: ###-###-####
Sarasota: ###-###-####

He can let you know what your options are.
A.

1 mom found this helpful

Contact Ido, an attorney who works with this kind of stuff. He is a good person and very trustworthy. Tell him S. of BNI referred you. He can help you or direct you.

Best of luck! S.

his email is: ____@____.com

Here is the webpage for social security
http://www.ssa.gov/pubs/10008.html

Call your Social Security office. They will tell you what benefits you have and tell you what documents you'll need to claim them. Good luck.

HI C., 1st time writer here. But I saw your title and thought I might be able to help. Your son should be eligible for child survivor benefits through social security. I would first make sure you have the paper work from the courts naming him the father of your son, than make an apt. with social security. My husband passed away 3 years ago in October and my son receives these benefits. SS# 800-772-1213 also he might be eligible for medical coverage 877-543-7669. I hope this helps.

I understand your son carries his dad's name. If you have his SSN, just go to the SS office closest to your home, bring your child's birth certificate, photo ID's and open a claim for SSN benefits for him. If you were married to this man at any point, you might be entitled to receive benefits too.

I think you should just consult with a lawyer, since you have multiple issues here. You have the share of the social security that your child may be entitled to, and also a possible share in the father's estate, if there is anything left after his death, but you're probably going to have to sue for that. However, you can make a case for back child support in order to get a portion of the estate. when a person dies with debts, the creditors can sue for that debt against the estate. It's not an easy bunch of issues to deal with, so definitely find a lawyer who will at least give you a free consultation in order to spell out the issues, your rights, your child's rights, etc.

Peace,

Syl

contact social services. Good luck, dear.

Hi. I have a 10 year old son whose father passed away January 2008. I am kind of in the same situation as you. My son and his father did have a relationship though. His name was not on the birth certificate as well. Child support was difficult because there wasn't anything legal between us. He would just pay me when he could. When he did pass I wondered about social security as well. Since he was not married nor had any other children, my son was entitled to everything, not only social security. I took his birth certificate down to the social security office as well as a letter from the grandmother stated she knew for a fact he was the biological father. Anything you may have with his name on it and your son would help. Social security will help you, I promise.

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