QUESTION

do I have a claim to my ex husbands benefits after he is deseased

Asked on Sep 25th, 2011 on Family Law - Illinois
More details to this question:
My ex husband just passed I have never remarried but he did can I claim his benefits
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1 ANSWER

Due to the delay in a response, it may be that you have your answer.  If not, my answer would be maybe.  The issue of benefits is complicated.  It may be that your marriage was of sufficient duration to allow you to claim under his Social Security Benefits.  This is something that you should be able to address directly through your local Social Security Administration office.  There may be death benefits available, although that check may be only available to his current spouse.  However, it may be in the area of retirement benefits that you would be eligible for monies and that a claim would need to be filed. You should also review your divorce decree.  There may be language referencing pension, life insurance or some other obligation that can be enforced against his Estate.  Should you be unsure as to what exactly you would need to initiate any investigation, an attorney experienced in either family or probate matters may be of assistance to you.  If you do not know who to call, your county bar association should maintain an attorneys referral system that could provide you with names of local attorneys. As some matters may be time sensitive, you should move quickly to meet with an attorney.
Answered on Nov 23rd, 2011 at 2:35 PM

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