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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

Posted

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.

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5 comments

Asker

Posted

Will Social Security deny me registration online, prior to my confirmation with the court as my brother’s “Personal Representation?” Since my best friend is an attorney, can she asset me with the paperwork and filing, even though she is not a probate attorney? The ex-wife (not married 10 yrs) started the process the week of my brother’s death, to ensure she collected the minors survivorship benefits. The ex-wife/mother is only interested in a monetary gain, and never cared for the children before, as my brother was the custodial parent. This is a gold mine for the ex-wife and I know she will stop at nothing to get the minors benefits. How can I found out if she is already collecting the social security benefits, on behalf of the minors? Is there any specific verbiage in the Last Will and Testament that will help me know if I have the right to distribute the minors social security survivorship benefits? What forms should I bring to court to be court appointed as my brother’s executor? Should I bring the other 2 witnesses to court? I am still learning how this all works, as the executor. I am nominated and have executor powers, stated in my brother’s Will, and is this normal in a Will to be assigned to all roles stated in the Will?

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Most respectfully, you have reached the limits of what you can reasonably expect from information on a public forum. Retain experienced probate counsel, and look for one with familiarity with Social Security procedures.

Asker

Posted

Thank you! If you don’t mind answering one question. Would it be appropriate & allowed to register online with social security as the “Personal Representative,” prior to the court validating my role?

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Please retain counsel. Your questions indicate a level of understanding that is doomed to get you in trouble. Nobody is a "Personal Representative" until a court order designating that person is entered.

Asker

Posted

I understand, thanks for the information. Just not aware of how all this works.

Posted

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.

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Posted

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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