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Question for the Money Doctors

Question submitted on Jun 26, 2011.

Question

I have a question...When I was born, I was named after my grandparents… I carry their last name… but before my grandfather died he wanted me to receive his SS and his SSI but my stepfather at the time, said he would take care of me! But he didn’t.. So my Grandfathers checks went to my Grandmother.. She remarried.. When I was a little girl she always told me that if anything ever happened to her, that I would receive her SS and SSI as well as my Grandfathers… My Grandmother had a stroke about 4 yrs ago and we don''t believe that she has a Will, but if she does, no one knows because she really can''t talk.. So my step grandfather is receiving her checks right now, but as it turns out, their not really married and my Grandmother still carries her maiden name which is Callaway! We don’t think she has long to live… So what I’m asking is, will I receive her SS and SSI as well as my Grandfathers! Or will her common law husband receive those checks?

Answer

When an individual dies, Social Security payments cease.  No one else is entitled to these payments.  If your grandmother does not have a will in place, she will not be able to sign one since she is incompetent.  If your grandmother has assets, you may want to start a guardianship proceeding. 


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