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rdr6_state

Future SS survivor benefits

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Does State/Federal Law prevent a spouse/ex-spouse, to allocate survivor benefits from the Social Security Admin., towards other family members if it is instructed in a Will.  Example if ex-spouse was to receive 3000.00 a month from a SS Survivor Benefit (in the death of a former spouse), could a Will be written to allocate to (3) surviving children instead.  TY

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NO, by law the survivor's benefit, if any, belongs to the surviving spouse and if married long enough surviving ex spouse and is not part of the decendent's estate and therefore not subject to the will.

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1 hour ago, rdr6_state said:

Does State/Federal Law prevent a spouse/ex-spouse, to allocate survivor benefits from the Social Security Admin., towards other family members if it is instructed in a Will.

 

Social security law is federal law.  State law has no relevance.

 

 

1 hour ago, rdr6_state said:

Example if ex-spouse was to receive 3000.00 a month from a SS Survivor Benefit (in the death of a former spouse), could a Will be written to allocate to (3) surviving children instead.

 

So...Cass and Denny were married and then divorced.  Cass died and Denny received SS survivor benefits (assume that he and Cass were married long enough).  Denny then marries Michelle.  Is that the situation you're describing?  If so, when Denny's survivor benefits based on his marriage to Cass will cease when Denny dies.

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