Can heirs claim unclaimed Social Security survivor benefits after both spouses have passed away?

Unfortunately, I don't think this will work out in your favor. Social Security benefits generally don't become part of someone's estate. The right to file for benefits ends when the person dies - they can't be claimed retroactively by heirs or the estate. This is different from private pensions or retirement accounts that can pass to beneficiaries. Your father-in-law's unclaimed survivor benefits essentially expired when he passed away.

So sorry for your losses. There is a small window where you MIGHT be able to claim something, but it's very limited. If your father-in-law died within 6 months of becoming entitled to survivor benefits, there might be a possibility for the estate to file for those 6 months of benefits. But from what you've described, it sounds like he was eligible for survivor benefits for years before passing, so this exception wouldn't apply. The SSA is very strict about benefits dying with the beneficiary - they don't consider these as assets that can be inherited.

My granmohter had the same situation!!! The goverment keeps this quiet becuse they dont want 2 pay ppl wat they deserve!! Its ur money and they stole it from ur family!!! The hole system is rigged against seniors!

I dealt with something similar when my uncle passed. Had to make over 40 calls to SSA before getting someone who could fully explain the policy. It's infuriating how inconsistent their phone support is - I'd get completely different answers from different agents. After weeks of trying, I finally had success using Claimyr (claimyr.com) to get through to SSA without the endless waiting. Their service connected me to an actual SSA agent in about 20 minutes instead of the hours I'd been waiting on hold. There's a video showing how it works here: https://youtu.be/Z-BRbJw3puU. At least you'll get a definitive answer directly from SSA about your specific situation.

This happened to my family too! We didn't find out my dad could have claimed my mom's higher benefit until after he passed. So much money left on the table. I think the most frustrating part is that nothing in the system flags this for people.

I've worked in elder law for many years, and unfortunately, the previous commenters are correct. Per Social Security regulations, once a potential beneficiary dies, their right to unclaimed benefits dies with them. This differs from other government benefits like VA benefits, which sometimes can be claimed by survivors for a limited period. The only exception might be if your father-in-law had actually filed for survivor benefits before his death but died before receiving payment. In that specific case, there's a possibility of the estate receiving those particular payments. But for benefits he never applied for, there is no retroactive claim option for the estate or heirs. For others reading this thread: ALWAYS check with Social Security when your spouse passes away, even if you're already receiving your own retirement benefits. The survivor benefit might be higher, and you can switch to whichever is greater.

is ur father in law's estate still open??? maybe u could apply as him??? they wouldnt know, right??

This whole thread is making me realize I need to check if my own mom is getting the right benefits. She's been on her own SS since my dad died 3 years ago, but I never thought to check if his benefit would be higher. She's 76 now. Is it too late for her to switch?

After looking at the SSA's POMS (Program Operations Manual System) which is their internal policy guide, I can confirm there's a relevant section on this: GN 02301.030 - Underpayments - Living Claimant Dies Before Payment is Received. This confirms that once a person dies, they can no longer become entitled to benefits they didn't claim while alive. The only payments that can go to an estate are ones that were actually due to the beneficiary but not received before death (like if your dad filed but died before the first payment arrived). Take this as a lesson for everyone else in the family - make sure you're getting ALL benefits you're entitled to. The Social Security website has a benefits screening tool that can help identify what you might qualify for.

I'm so sorry for your family's losses and the frustration you're experiencing. As a newcomer to this community, I've been reading through these discussions and learning a lot about Social Security benefits. Your situation really highlights how important it is for families to have these conversations while everyone is still alive. I've been helping my own elderly parents navigate their benefits, and this thread has made me realize I need to double-check that they're receiving everything they're entitled to. It's heartbreaking to think about all the families who miss out on benefits simply because the system doesn't proactively inform people about their options. Thank you for sharing your story - even though it didn't have the outcome you hoped for, it's educating others about the importance of staying on top of these benefits. I hope other families reading this will take action to ensure their loved ones are getting all they deserve.

I'm new to this community but wanted to share something that might be helpful for others in similar situations. While it's heartbreaking that your father-in-law's unclaimed benefits can't be recovered, there's an important lesson here about proactive benefit management. I recently learned that Social Security has a "my Social Security" online account system where people can view their benefit estimates and see what they might be entitled to. If your father-in-law had set up an account after your mother-in-law passed, he might have been able to see the survivor benefit option available to him. For anyone else reading this thread - it might be worth helping elderly family members create these online accounts so they can regularly review their benefit options. The system shows estimated benefits for different scenarios, including survivor benefits. It's not a perfect solution since SSA still doesn't send automatic notifications, but at least the information is accessible for those who know to look for it. Again, I'm so sorry for your losses and the frustration this has caused your family.

I'm new to this community and wanted to share my perspective after reading through this discussion. As someone who works with seniors in a volunteer capacity, I see situations like this unfortunately often. What strikes me most is how the current system places the entire burden on individuals to know about and actively claim benefits they're entitled to. While I understand that Social Security can't automatically enroll everyone in every benefit, it seems like there should be better mechanisms in place - perhaps annual statements that explicitly outline ALL benefits someone might qualify for, not just their current ones. The fact that your father-in-law missed out on over $30,000 in benefits he was legally entitled to really highlights a systemic communication problem. For others in this thread who are now checking on their elderly relatives' benefits - that's exactly the right response. I've learned from this discussion about the "my Social Security" online accounts and the 6-month retroactive payment window, which are things I'll definitely share with the seniors I work with. Your family's story, while frustrating, is serving as an important warning to others. Thank you for sharing it and bringing attention to this issue.

I'm new to this community and my heart goes out to you and your family during this difficult time. Reading through this thread has been incredibly eye-opening for me as someone who is just starting to learn about Social Security benefits. What's particularly striking is how many people have shared similar experiences - it seems like this is a widespread issue that affects countless families. The fact that your father-in-law was entitled to over $30,000 in benefits but never knew to claim them really highlights how complex and non-intuitive this system can be, especially for older adults who may not be comfortable navigating government bureaucracy. While the legal reality seems clear that these benefits can't be recovered posthumously, I think your experience serves as a crucial wake-up call for all of us. I'm definitely going to have conversations with my own elderly relatives about their benefits and help them review their Social Security accounts. It's frustrating that the system doesn't have better safeguards or proactive notifications, but at least by sharing your story here, you're helping other families avoid the same heartbreak. Thank you for being so open about this painful situation - it's already motivated several people in this thread to check on their loved ones' benefits.

I'm new to this community and wanted to express my sympathy for your family's situation. After reading through this entire discussion, I'm struck by how many families seem to face similar challenges with unclaimed Social Security benefits. As someone who is still learning about these systems, what really stands out to me is the disconnect between the complexity of Social Security rules and the limited support available to help people navigate them. Your father-in-law's situation - missing out on $30,000+ in survivor benefits he was legally entitled to - really illustrates how the current system fails people who most need these benefits. I appreciate everyone who has shared their expertise here, especially the clarification about estate claims and the policy references. While it's disappointing that there's no recourse for your specific situation, this thread has become an invaluable resource for understanding how survivor benefits work and the importance of proactive benefit reviews. I'm definitely going to use the information shared here (particularly about the "my Social Security" online accounts and the 6-month retroactive window) to help elderly family members ensure they're receiving all their entitled benefits. Thank you for turning a frustrating personal experience into a learning opportunity for others in this community.

I'm new to this community and wanted to share my condolences for your losses. Reading through this discussion has been both educational and heartbreaking - it's clear that your father-in-law's situation is unfortunately not uncommon. What strikes me most is how this thread has evolved into such a valuable resource for understanding Social Security survivor benefits. While the legal consensus seems clear that posthumous claims aren't possible, the knowledge being shared here about proactive benefit management could prevent other families from experiencing this same loss. I'm particularly grateful for the information about the "my Social Security" online accounts and the emphasis on checking benefits immediately when a spouse passes away. As someone who will likely be helping aging parents navigate these systems in the coming years, this discussion has highlighted the critical importance of staying informed about all available benefits. Your willingness to share such a personal and frustrating experience is helping educate others about the gaps in Social Security's communication system. While it can't recover the benefits your father-in-law missed, it's clear from the responses here that your story is motivating people to take action for their own elderly relatives. That's a meaningful legacy from a difficult situation.

I'm new to this community and wanted to express my heartfelt condolences for your losses. Reading through this entire thread has been incredibly enlightening and, frankly, quite concerning about how many families face similar situations. What really stands out to me is the systemic nature of this problem - it's not just your father-in-law who missed out, but clearly many others based on the responses here. The fact that over $30,000 in legally entitled benefits went unclaimed highlights a serious gap in how Social Security communicates with beneficiaries. As someone just starting to learn about these systems, I'm grateful for all the expertise shared here, particularly the policy references and clarification about estate claims. While it's disappointing there's no recourse for your specific situation, this discussion has become an invaluable educational resource. I'm definitely planning to help my elderly relatives review their benefits and set up those "my Social Security" online accounts that were mentioned. It's clear that proactive benefit management is crucial, and unfortunately, the burden falls entirely on families to stay informed. Thank you for sharing such a personal and painful experience. Even though you couldn't recover what was lost, your openness is clearly helping other families take the steps needed to ensure they don't face the same heartbreak. That's a significant contribution to this community.