Receiving Survivor Benefits?

I'm 36 and was married for 17 years, with 2 kids. We divorced and I remarried. We've been married for a little over a year. My mother will have custody of my kids upon my death. Who would receive my survivor benefits?

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DCA
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October 4, 20160 found this helpful

Not sure what you mean by "survivor's benefits"? Your legal will determines to whom and exactly how you want all monies, possessions, land, etc., distributed. If there is no will upon your death, the state in which you lived will start the probate process which will then dictate who will receive the probate estate. State laws vary but the probate process can take months and even years.

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cybergrannie
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October 8, 20160 found this helpful

I do not believe anyone will have any idea as to exactly what "saviors benefits" you are referring to and especially since you are still young.

If you were to die your children (under the age of 19 or disabled) may/would be eligible for SS benefits under your name or the fathers name (not both) until they finish high school. The benefits would be paid to the LEGAL guardian.
I do not know how you have it set up that upon your death your mother would have custody of your children but this would be a very serious legal matter and just a notarized request/statement would most likely not be sufficient.
This sort of thing would probably be decided by the court and whatever is in your divorce agreement would probably have a lot of bearing on the final outcome.
If this sort of thing is cause for worry then you should seek counsel from a good family attorney and be sure to complete a legal will.

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