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  #1  
Old 03-03-2009, 01:43 PM
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Family Law Question

What is the name of your state (only U.S. law)? I am located in Ohio. 2 months ago my sister in law passed away very suddenly & left behind 2 minor children. My husband & I will be taking custody of these children but I need to know if they will be entitled to any social security benefits being that their primary care giver has passed away. Or if they are entitled to any other benefits as we have 2 children of our own & now will become a family of 6. We have just purchased a new home & are unsure if we will be able to afford the extra financial strain on our household income.
  #2  
Old 03-03-2009, 01:45 PM
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Quote:
Originally Posted by sfreitag View Post
What is the name of your state (only U.S. law)? I am located in Ohio. 2 months ago my sister in law passed away very suddenly & left behind 2 minor children. My husband & I will be taking custody of these children but I need to know if they will be entitled to any social security benefits being that their primary care giver has passed away. Or if they are entitled to any other benefits as we have 2 children of our own & now will become a family of 6. We have just purchased a new home & are unsure if we will be able to afford the extra financial strain on our household income.
Where's their father?
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  #3  
Old 03-03-2009, 01:49 PM
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RE:Family Law Question

"Where's their father?"

The father of the two minor children has not had any contact with them in quite some time. I don't believe he's ever seen the youngest who is now 3. I'm not quite sure if there is a support order in effect for them or not.
  #4  
Old 03-03-2009, 01:53 PM
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Originally Posted by sfreitag View Post
"Where's their father?"

The father of the two minor children has not had any contact with them in quite some time. I don't believe he's ever seen the youngest who is now 3. I'm not quite sure if there is a support order in effect for them or not.
Then how do you plan to "take custody," legally?
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  #5  
Old 03-03-2009, 01:56 PM
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Originally Posted by sfreitag View Post
"Where's their father?"

The father of the two minor children has not had any contact with them in quite some time. I don't believe he's ever seen the youngest who is now 3. I'm not quite sure if there is a support order in effect for them or not.
I'd like to know what the father had to say when he was notified that the mother of his children has passed away...
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  #6  
Old 03-03-2009, 01:57 PM
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We have been issued some custody papers through our local job & family services department. As I stated, it happened very suddenly & we never really were given an explanation on how the whole process would evolve.
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Old 03-03-2009, 02:00 PM
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We've tried to locate the father locally but so far have been unsuccessful. We don't have a valid address for him & no forwarding address at his last place of known residence.
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Old 03-03-2009, 03:46 PM
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Originally Posted by sfreitag View Post
We've tried to locate the father locally but so far have been unsuccessful. We don't have a valid address for him & no forwarding address at his last place of known residence.
You received custody through the Department of Job and Family? That is PLACEMENT most likely. In order to get custody you have to file for it. You really need to review what papers you have received. Custody cannot be gotten without attempting to serve dad and proving those attempts that meet the court. And if this is the SIL, is this your husband's sister OR a brother's wife?
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  #9  
Old 03-03-2009, 10:44 PM
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Quote:
Originally Posted by sfreitag View Post
What is the name of your state (only U.S. law)? I am located in Ohio. 2 months ago my sister in law passed away very suddenly & left behind 2 minor children. My husband & I will be taking custody of these children but I need to know if they will be entitled to any social security benefits being that their primary care giver has passed away. Or if they are entitled to any other benefits as we have 2 children of our own & now will become a family of 6. We have just purchased a new home & are unsure if we will be able to afford the extra financial strain on our household income.
I agree with OG that you probably have placement rather than custody at this point. However I disagree that you could never get custody without locating the father and serving him. If he has never met the 3 year old then he has been gone for quite some time. The courts won't leave the children in limbo indefinitely. The courts could determine that he has abandoned the children and give you custody...or even eventually allow you to adopt if dad never surfaces.

If your sister in law amassed any social security credits, then yes, the children would receive social security survivor benefits and as long as you have placement or custody of them, you would be their rep payee.

Go down to your local social security office and discuss the issue with them.
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  #10  
Old 03-04-2009, 06:36 AM
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Originally Posted by LdiJ View Post
I agree with OG that you probably have placement rather than custody at this point. However I disagree that you could never get custody without locating the father and serving him. If he has never met the 3 year old then he has been gone for quite some time. The courts won't leave the children in limbo indefinitely. The courts could determine that he has abandoned the children and give you custody...or even eventually allow you to adopt if dad never surfaces.

If your sister in law amassed any social security credits, then yes, the children would receive social security survivor benefits and as long as you have placement or custody of them, you would be their rep payee.

Go down to your local social security office and discuss the issue with them.

Please reread what I stated -- I did not say that he had to be located. I stated:

Quote:
Custody cannot be gotten without attempting to serve dad and proving those attempts that meet the court.
She attempt to serve by serving by publication or posting in many areas. But service has to be attempted. If dad does not see the publication or posting oh well. But something needs to be done.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #11  
Old 03-04-2009, 05:50 PM
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Originally Posted by LdiJ View Post
If your sister in law amassed any social security credits, then yes, the children would receive social security survivor benefits and as long as you have placement or custody of them, you would be their rep payee.

Go down to your local social security office and discuss the issue with them.
SS credits are not needed for minor children to be eligible for SS survivor's benefits.

My brother was murdered at age 22, leaving 3 children. He had only worked at jobs that paid SS for about 6 months of his life. When my SIL went to the SSA she was told that even if David had never worked, his children would still be eligible for SS survivor's benefits.
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