Most people probably don’t even know what intestacy is, because it’s not a subject that comes up all that often – even in Social Security Disability claims. But a recent ruling by the Supreme Court means that some children of deceased benefit recipients are going to have to get a crash course on the subject if they want to win their claim.
Why? To understand the ruling and what it means for some claimants, first you have to know what intestacy is. Basically, when someone dies without creating a will or creates a will but doesn’t account for everything they own in it, their estate goes to probate court and most often goes to their surviving relatives.
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The SSA also has rules in place that allow for spouses and children to continue receiving the benefits of a deceased spouse or parent, but there are some cases where there have been questions about whether or not someone should continue getting these benefits.
The Case of Posthumously Conceived Children
One specific case that’s been a big question mark for a while is that of children who are born after the beneficiary dies. While they are clearly the biological children of recipients, legal battles have been fought to decide if they should receive benefits because the money the deceased got obviously wasn’t being used to take care of them. Do they count as dependents?
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According to the Supreme Court of the United States, that depends on the intestacy laws of the state where the beneficiary was living when he or she died. Each state has specific laws defining whether or not a relative qualifies to receive something from the deceased’s estate under intestacy. If state law says a posthumously conceived child can inherit, then they are considered a “child” under the rules of the SSA and can get disability benefits.
Have more Social Security questions about intestacy? Read our free disability eBook and keep following our blog to make sure you know everything you need to know before applying.
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