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Can a person"will" their social security survivor benefits to someone other than their spouse?
My husband thinks that he can put in his will for his social security survivor benefits to go to his adult daughter. Is that true,or do the ss benefits go by law automatically to the surviving spouse?
2 Answers
- StephenWeinsteinLv 74 years agoFavorite Answer
No, and no.
A person cannot will the survivor benefits to anyone.
They do not automatically go to the spouse.
They go to whomever meets the requirements stated in the law, or no one if no one does.
The surviving spouse gets survivor benefits if the surviving spouse is over a certain age or is caring for a child of the deceased who is under 16.
Normally, a child of the deceased can get benefits only while actually a child/student. However, an adult child disabled before a certain age can get survivor benefits in certain situations. An adult child with a job almost never does.
Either way, it is under no circumstances affected by the will. It is governed only by federal law. The deceased gets no say in the matter.
- MorningfoxLv 74 years ago
He is wrong. Social Security will pay no attention to his will. Besides, they are not "his" survivor benefits, they belong to his spouse.
