Legal Question in Family Law in Florida

paternity/SS death benefits

I have a 4 year old whose bio dad committed suicide in 2004. I never established paternity because he wasn't a good guy. About 3 years ago I got a letter from his ex-wife telling me he killed himself. I confirmed by locating the obit. He had 2 children with his ex-wife and one by me which he never acknowledged. Is there any way to establish paternity 3 years after his death, so my daughter can recieve social security survivor benefits? His parents I know would not be willing to cooperate? Help I need guidance. Also I am in Florida and he lived and died in Tenneessee

Asked on 8/20/07, 8:27 am

2 Answers from Attorneys

Re: paternity/SS death benefits

The statutes require that paternity be established during the life of the putative father. There is nothing you can do now that he is dead. I'm sorry.

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Answered on 8/20/07, 8:45 am

Scott R. Jay Law Offices of Scott R. Jay

Re: paternity/SS death benefits

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

According to the applicable law, you are required to establish paternity during the lifetime of the father. Rather than give up without trying, you should place a call to Social Security and ask them if there is anything you can do at this time. It is certainly worth it to invest a little time to make sure that you cannot obtain any benefits for your child. Good luck.

Scott R. Jay, Esq.

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Answered on 8/20/07, 10:31 am

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