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If deceased sibling names sister executor of estate,in Last Will & Testament;would Social Sec appoint me legal representative?

Ventura, CA |

My brother appointed me as his executor of his estate, in his last Will and Testament. Would Social Security online registration allow me to register online as his Appointed Representative, to ensure his minors receive their survivorship monies, which I would setup in a Trust account? What social security form would be needed, if this is allowed, i.e.: SSA 1699 form? If not, what forms are needed, and would the social security allow the child to setup an account, with fathers executor of his estate?

Attorney Answers 3

  1. Best answer

    An SSA Form 1699 must be signed by the Social Security wage-earner. It is generally used to appoint an attorney to represent a Social Security beneficiary. Social Security will recognize you as the proper person to deal with survivorship issues if you a court-appointed to be the Personal Representative of your bother's estate. Be aware that an appointment in a Last Will and Testament is just a nomination, a statement of preference for who should manage the estate. Nobody has the authority to deal with the estate unless that nomination is confirmed by a court of competent jurisdiction and Letters Testamentary are issued in favor of the executor appointed by the decedent. For the legal assistance you need, retain an experienced probate attorney.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

  2. Unfortunately you cannot register online as your brother's appointed representative unless and until you have been actually appointed by a court. There may be other ways to get the minor survivorship benefits without having to be appointed by the court, as that is costly and time consuming.

  3. I suggest you consult with an estate planning attorney with social security procedure knowledge. You will have to be appointed in court as executor to be his appointed representative. I would consult with a California attorney in the area to work thru this.

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