Estate and Elder Law

Recent Posts

Fourth Circuit Splits from Ninth and Third Circuits in Refusing to Award Social Security Surviving Child Benefits to Posthumously Conceived Child
Posted on 18 Apr 2011 by Travis Burchart

Last week, the Fourth Circuit refused to define a posthumously conceived child, whose parentage was undisputed, as a "child" for the sake of surviving child benefits. Instead, the court looked to state intestacy laws to determine benefits entitlement... Read More

Third Circuit aligns itself with Ninth Circuit in defining posthumously conceived twins as “children” for purposes of surviving child's Social Security benefits: Capato v. Comm'r (1-4-11)
Posted on 10 Jan 2011 by Travis Burchart

The Third Circuit recently aligned itself with the Ninth Circuit in deciding that for the purposes of surviving child's insurance benefits under 42 USCS § 402(d) of the Social Security Act, a posthumously conceived child (i.e. donor eggs, artificial... Read More