If my mom and dad never divorced but have been estranged for years and he recently died, would mom be entitled to any of his social security benefits?
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If my mom and dad never divorced but have been estranged for years and he recently died, would mom be entitled to any of his social security benefits?
Dad’s been married 2 times afterward but was never divorced from my mom.
Asked on March 31, 2018 under Family Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Whether or not your parents were still married, your mother is entitled to your father's Social Security benefits. However, since there was no formal divorce granted, she was still legally his wife. As to specific benefits that she is entitled to, here are a links to a site that you will find to be of help:
https://www.ssa.gov/planners/survivors/ifyou.html
https://faq.ssa.gov/link/portal/34011/34019/Article/3766/Who-can-get-Social-Security-survivors-benefits-and-how-do-I-apply
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