My brother-in-law, age 57, passed away after an illness 2 weeks ago. He was due to start receiving Social Security benefits starting in August. He was never married and had no children. Since my mother-in-law was his next of kin will she receive his benefits?
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According to Social Security if your mother in law was a dependent, she would qualify. Your brother in law would have to have supported her at least 50%.
If she was a dependent, yes. Give them a call to make sure you get the right answer. 1-800-772-1213
This is determined by Social Security and how your brother-in-law filed with them. As long as he was helping support his mother and she has proof that she received 50% of her income from him, then the answer is yes.
It is possible that your mother-in-law could qualify to receive from his SS earnings but not just because she is his next of kin. She will have to make application with Social Security Agency and have proof that she depended on him for at least one-half of her support.
Here is the note from SS.
Dependent parents
Parents age 62 or older who received at least one-half support from the deceased can receive benefits.
The SS will require some sort of proof that this support was happening - such as - did she live with the son? Or does she have her own home or live with someone else? What type of support did he provide? What is her income and is it sufficient to provide her own support? Is she presently drawing Social Security? No one can draw 2 checks but they can choose the higher benefit available to them. Is she considered living on a low income scale (receiving Food Stamps or Medicaid)? These are the type of questions she may/will have to answer when she applies to SS and they may require his income tax records (did he claim her as a dependent?) and/or other proof of support.
She will need to go in person to SS office and apply and take as much information as she has available. Nothing will happen until she applies.
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