Common law marriage and benefits.

Asked almost 4 years ago - Las Vegas, NV

My mom's boyfriend of over 15 years just pasted away, as far as his pension and social security is concerned, is she entitled to any of it?

Does she need an family law attorney?

Attorney answers (1)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . The answer does not depend on common law for the pension benefits. It depends on who he named beneficiary of his pension.

    As for social security, if the state of domicile does not recognize common law marriage then the they would not be deemed married for purposes of federal law and she would not be entitled to any ss benefit. She should meet with an estates lawyer before meeting with a family lawyer to clarify and determine state law.

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