Name Changes

[missy]

Ok, need some advice.  My husbands ex says that if anything happens to him, than her husband is going to adopt the kids and take his last name.  How can he stop her from doing that if something should happen?  He only has the one son, and if his name is changed, than my husbands family name will die off.  Can she do that?  Also, I heard that if he does adopt them, then they wont get social security benefits anymore. Is this true?  I know that alone would keep her from changing the names since she is about free $$.......Any suggestions or advice?

[LizaLou1]

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[4honor]

Check out the SS site. They had information on step parent adoption, and it said there was still benefits available if adoption occurs.

It went on to say something about the possibility of claiming under the adopted step parent should something happen to them.. not sure about the conditions on that.

I say work on making the family pride strong in your SS and even if he loses the family name for a time (should your DH die) then he will want to come back to the name... also if he has no half siblings, it is unlikely he will keep contact with his father's family.

[Kitty C.]

There may not be much he can legally do right now......but that does NOT mean that when the kids get to the age of majority, they can change their names 'back' to their birth names...........

I'd talk to an atty........maybe some way of putting something in his will that says the SF canNOT adopt unless he leaves the kids' names alone.  Names don't have to be changed to adopt.  Or just the stipulation that the kids' names are not to be changed, regardless.  You'd want a family member keeping an eye out on it tho.

[leftoverinmn]

I was adopted by my step-father when I was 18. I've lost all SS benifits and inheritance rights to my bio-dad.

[Kitty C.]

SS survivor benefits end at age 18 anyway.........

But inheritance?????  If it's in his will or he named you as a beneficiary, there's no way they can take that away from you!