Hi all,
I have a somewhat complicated situation. A family member Has legal custody of her grandson. She obtained it years ago from her daughter who is declared to be an unfit parent. She is currently in the hospital and, sadly, is expected to pass very soon. Her grandson is almost 16, so he is still a minor. She has a total of 2 children who are over the age of 18 in addition to the legal custody of her minor grandson. I'm aware that her older children would be unable to obtain social security due to their age. However, my question is about her grandson. Would her grandson, because he is a minor and in her legal custody, be eligible for Social Security? I am assuming that because these are survivor benefits that no one else would be entitled to them even though there is a Will that gives all things pertaining to finances to the son when mom/grandma passes. To simplify, I'm checking on whether or not the grandchild would be eligible for survivor benefits when the grandmother who has legal custody of him passes away. Also, I'm checking to be sure that the son would not be eligible for the survivor benefits that the grandson receives because the Will directs him to receive all finances or things pertaining to financial matters. The son and the grandson Are related in a relationship that is uncle - nephew. Any help is greatly appreciated! Thank you!
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