My brother signed for 2 children while he was married thinking they were his. Well he has passed and we found out he did not father either of them. They are both collecting from his pension. Is there any way to prove this so his biological son can receive all the benefits and not split with them? I just do not think it's fair. He is gone and now his ex-wife has already brought their real father into the picture and collecting from my diceased brother.
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Only the Social Security Administration can answer your questions. Call for an appointment at the local office and prepare copies of all pertinent information for your visit.
Since this is your brother it would be difficult for you to get/receive any information from the SS.
You mentioned a "biological" son - does this son not have the same mother as the other children? If not - then his mother could go to the SS and file a "complaint".
This is complicated as it appears by saying "signed" you mean your brother "signed" their birth certificate? The SS may make the mother have DNA testing to continue receiving benefits but not necessarily.
Only the SS office can supply answers but they will only do this for someone who has legal right to know.
This does not mean that have to do nothing.
Anyone can file a complaint against suspected fraud.
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