Who is Entitled To His Past SSI Payment Award?

[sandyclaus]

This concerns a party who lived in the state of Virginia.

A friend of mine passed away last weekend very unexpectedly. He was divorced for a long time, had a minor child with another unmarried partner (no longer together), and did not have a will. He recently won a sizeable award for past SSI disability payments he was entitled to over the past two years, but other than that, has no other assets or money belonging to his estate. His parents are still alive, but divorced.

There is not currently an executor for his estate, but chances are, it would very likely be his father, who has had nothing to do with his son since he left home at 18.

Just as a matter of inheritance, who would normally be entitled to receive the money from his SSI disability payments?

Would his minor child normally receive the bulk of the estate, or would that go to one or both of his parents as his legal next of kin?

Would his ex-wife be entitled to receive any of that (they were not married at the time of the award)?What is the name of your state (only U.S. law)?

 

[anteater]

I don't know for certain if there is anything out of the ordinary about a disability award, but I would have to assume that it becomes payable to his estate.

And, under VA intestate succession, his children would stand to inherit.

64.1-1. Course of descents generally.
When any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in parcenary to such of his kindred, male and female, in the following course:

First. To the surviving spouse of the intestate, unless the intestate is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case two-thirds of such estate shall pass to all the intestate's children and their descendants and the remaining one-third of such estate shall pass to the intestate's surviving spouse.

Second. If there be no surviving spouse, then the whole shall go to all the intestate's children and their descendants.

Third. If there be none such, then to his or her father and mother or the survivor....

64.1-11. Distribution of personal estate.
When any person shall die intestate as to his personal estate or any part thereof, the surplus (subject to the provisions of Article 5.1 (§ 64.1-151.1 et seq.) of Chapter 6 of this title), after payment of funeral expenses, charges of administration and debts, shall pass and be distributed to and among the same persons, and in the same proportions, to whom and in which real estate is directed to descend....

 

[sandyclaus]

I don't know for certain if there is anything out of the ordinary about a disability award, but I would have to assume that it becomes payable to his estate.

And, under VA intestate succession, his children would stand to inherit.

I'm assuming that the disability award would be payable to the estate as well.

So to be clear, the minor child stands to inherit everything from his estate? That's a good thing. That's EXACTLY where it should go. The primary concern is that the child's mother may try to get money for herself, and the deceased's father as well.

How exactly should one proceed in order to ensure that the child gets everything that they are entitled to here?

 

[anteater]

Is there a good friend in VA that might be willing to administer the estate?