Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I am trying to find help for my son. His father passed away 4 days before he was born. He was killed in a motorcycle accident. He was only 18 and never worked. Social security says i can not get money because he never worked. I need to find some help out there. PLEASE HELP.”
Question: Your son may have a claim against the estate in probate. If there was already a support order in place, that would survive the death of the father, though that would be against the estate which I am guessing has little or nothing. Had the father been fully insured under the Social Security Act, your son would be entitled to benefit even as a posthumous child. I was not able to find benefits through social security under the circumstances you describe, though an attorney who specializes in child advocacy may be able to give you better answers. Through the Deparment of Health and Human Services, Office of Family Assistance, you may be eligible for Temporary Assistance for Needy Families (TANF). Medicaid? Food Stamps? Contact your local welfare office to see what your son might be legally entitled to under law through either the federal government or the state. I wish I had better answers.
