{"id":6186,"date":"2024-10-14T12:45:04","date_gmt":"2024-10-14T12:45:04","guid":{"rendered":"https:\/\/finderica.com\/is-there-a-way-i-can-inherit-social-security-benefits\/"},"modified":"2024-10-14T12:45:04","modified_gmt":"2024-10-14T12:45:04","slug":"is-there-a-way-i-can-inherit-social-security-benefits","status":"publish","type":"post","link":"https:\/\/finderica.com\/?p=6186","title":{"rendered":"Is There a Way I Can Inherit Social Security Benefits?"},"content":{"rendered":"\n
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Dear Penny,<\/span><\/p>\n

My dad passed away, and I was his caretaker for many years. He wanted me to inherit his Social Security benefits. I myself am a disabled person, and my mom has also passed away. I contacted the Social Security office, and they\u2019ve told me I couldn\u2019t receive his benefits because I wasn\u2019t a dependent child on my father and was able to take care of him. My question is, is there some other way I can get around what I\u2019m being told?<\/span><\/i><\/p>\n

He also had retirement funds he wanted me to have, and they\u2019re telling me he was supposed to update his account two months or so before he passed away and he didn\u2019t, so they\u2019re saying that I\u2019m not entitled to that, either, even though he left me as sole beneficiary. You\u2019re my last hope in solving these questions, I\u2019ll drop them if you can\u2019t answer them for me. I\u2019m exhausted and financially stressed but happy I was able to take good care of my beloved dad. I just need to fulfill this last thing because I need closure.<\/span><\/i><\/p>\n

Thank you for any help you can give.<\/span><\/i><\/p>\n

\u2014 Bereaved and Distressed<\/span><\/i><\/p>\n<\/div>\n

Dear Bereaved,<\/p>\n

I\u2019m so sorry for this challenge you\u2019re facing in the midst of a loss in your family, and I appreciate you taking a moment to celebrate your ability to take care of your dad all these years.<\/p>\n

Navigating inheritance can be challenging under any circumstances, so I recommend you consult a professional financial planner and an estate or probate lawyer, both of whom can advise you individually on your options.<\/p>\n

I reached out to a few such experts to share some general information on this type of inheritance issue. None of us can offer individualized advice without knowing more about your situation, because rules around inheritance claims are nuanced. But I hope this offers you a few steps you can try to find the closure you\u2019re seeking.<\/p>\n

Financial planner\u00a0Stephen J. Landersman<\/a> says that typically, \u201cnon-minor children are not eligible to continue a parent\u2019s SSI benefit; only a spouse can do that,\u201d though you should be able to claim a $225 death benefit.<\/p>\n

However, you might have another option.\u00a0<\/p>\n

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You can officially request to claim your father\u2019s Social Security benefits by filing a substitution of party, says Amanda McDonald<\/a>, founder of\u00a0Unbound Disability Claims<\/a>, an Orlando-based company that helps folks claim Social Security Disability benefits. A substitute party must be a surviving family member who can stand in for the original claimant.<\/p>\n

You can file that request using form HA-539,\u00a0Notice Regarding Substitution of Party Upon Death of Claimant<\/a>, which you can find at\u00a0ssa.gov<\/a> or through your local Social Security office.<\/p>\n

Regarding the retirement funds, you should have a claim to them if you were listed as the beneficiary (that\u2019s the whole purpose of that role). The account shouldn\u2019t have to go through the probate process if a beneficiary is listed. But if there\u2019s a problem with the account and you\u2019re not showing up as the beneficiary, you\u2019ll need to work with a probate lawyer who can guide you through the official process of transferring ownership.<\/p>\n

If you don\u2019t have one already, here are a few places you can look for a lawyer who can help you, depending on your available resources:\n<\/p>\n