Social Security Death Benefit/2nd question

[Making1962]

What is the name of your state? I'm in Indiana

My ex husband passed away recently. My son had been living with him and he had physical custody the last year and a half. We had joint legal custody. His wife called me today wanting my son's birth certificate so she can file for social security for him. I told her I think I should be the one doing that and told her I need a death certificate. Can she file for social security for MY son? She didn't have custody of him, his dad did. Plus it was joint custody even though I paid child support. I'm beside myself thinking that she might be able to steal my son's social security benefit from his father. I am trying to get my ducks in a row so I can get over to social security this week before she has her appointment next Monday. My ex's sister is going to get a death certificate for me from the ex's wife. My question is can she do this legally? I thought his death gave me sole custody.

 

[Gracie3787]

What is the name of your state? I'm in Indiana

My ex husband passed away recently. My son had been living with him and he had physical custody the last year and a half. We had joint legal custody. His wife called me today wanting my son's birth certificate so she can file for social security for him. I told her I think I should be the one doing that and told her I need a death certificate. Can she file for social security for MY son? She didn't have custody of him, his dad did. Plus it was joint custody even though I paid child support. I'm beside myself thinking that she might be able to steal my son's social security benefit from his father. I am trying to get my ducks in a row so I can get over to social security this week before she has her appointment next Monday. My ex's sister is going to get a death certificate for me from the ex's wife. My question is can she do this legally? I thought his death gave me sole custody.

No, she cannot file for benefits for your son. Hopefully, you did NOT give her the BC or anything else she asks for.
If your ex sister in law can get the death certificate for you, that's great, you can go ahead and apply for your son's benefits.

If you cannot get a copy of the death certificate go to SSA and begin the process of applying, they will know what steps to take to get a copy. Good luck.

 

[Making1962]

Social Security Death Benefit

I am so glad to read that you said NO. The way laws go sometimes, you never can tell. No way did I give her the birth certificate. I disregarded the request and told her that I need the death certificate. She said she would put it in the mailbox for me to pick up but since I can't trust her at all, my former sister in law picked it up last night. I'm going to pick it up at her house and file the claim. I thought my child support/money issues days were over. Some people will do anything to turn a buck.