New Mexico Affidavit by Non-Parent to Prove Date of Birth of Child and Parentage to Social Security Administration in Order to Receive Benefits

State:
Multi-State
Control #:
US-01292BG
Format:
Word; 
Rich Text
Instant download

Description

Eligibility for some types of benefits under the Social Security Act will require proof of a claimant's age. For example, in order to be eligible for retirement benefits, a claimant must demonstrate that he or she has reached retirement age. Age is also a factor for entitlement to spousal benefits, child's benefits, widow's and widower's benefits, and parent's benefits. The best evidence of age, in order to establish eligibility to the Social Security Administration (SSA), is a birth certificate. Any credible evidence of age that a claimant submits will be accepted and considered by the SSA.

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FAQ

If you have no spouse and any of your children are alive, they will be the only heirs to your estate. If you die with a spouse and children, your spouse will inherit all community property and 1/4 of your individual property. Your children will inherit 3/4 of your individual property.

Children born outside of marriage. If you were not married to your children's mother when she gave birth to them, they will receive a share of your estate if you acknowledged your paternity or if your paternity is otherwise proved under New Mexico law.

Several types of evidence may prove that you are a child's father, including: Hospital, religious, or school records; A court order or decree that does not meet the requirements for court orders set out above;

In most states an illegitimate child can claim an inheritance so long as they can show that the deceased was their legal parent, and that this parentage was established before death. Legitimacy creates a presumption of legal parentage, but it rarely creates direct inheritance rights.

When it comes to inheritance claims, rights for illegitimate children are governed by the estate plan documents or intestacy laws in the state where the parent dies. Illegitimate children face unique circumstances but, in many states, may be entitled to inherit from their parent's estate.

Child can be disinherited without being mentioned in a will, unless it appears that the omission to mention such child occurred because of mistake or inadvertence. In re Estate of McMillen, 1903-NMSC-012, 12 N.M. 31, 71 P. 1083 (decided under former law).

Establishing paternity must be done through a court order, which will also determine custody and/or visitation rights, as well as additional parental responsibilities, based on what's in the best interest of the child. If an unwed father is not listed on the birth certificate, he has no legal rights to the child.

? The statutory presumption that a man is presumed to be the natural father of a child if the man openly holds out the child as the man's natural child and has established a personal, financial or custodial relationship with the child applies to women.

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New Mexico Affidavit by Non-Parent to Prove Date of Birth of Child and Parentage to Social Security Administration in Order to Receive Benefits