New Mexico  |  Family Law

Legal Question

Asked on: 3/01/13, 2:13 pm

My mom and dad have been separated for 40 yrs never legally divorced. My dad past away does my mom get his benefits?

1 Answer


Answered on: 3/01/13, 3:58 pm by John Watson

I will assume you are talking about Social Security Benefits. Tell your mother to go to the Social Security Office. The other part is that she may have survivor benefits as a spouse for 1/2 of the community property - if any existed. Because you did not provide any information surrounding the "question" you asked I can only tell you to take your mother to a family law attorney and explore what legal rights may exist for her to look into claiming.

Good Luck.

Law Guru


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John Watson, Attorney at Law 525 E. Lohman St., Suite D Las Cruces, NM 88001

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