Legal Question in Social Security Law in North Carolina

childs survivor benefits

my brother passed away and I am administrator of his estate. He was divorced for 4 years. His ex-wife cheated on him many many times and I don't believe the children are his. She is already cheating the legal system through welfare and medicaid. Can I have the state do DNA to see if the children were his or do they automatically get survivor benfits?

Asked on 11/14/07, 1:53 am

1 Answer from Attorneys

Judy Tseng Wake Law Office

Re: childs survivor benefits

They should get the survivor benefits. Since the children were born during the marriage and he never did anything to prove they weren't his, the children are presumed to be his.

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Answered on 11/14/07, 8:42 am

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