I'm 40 and hoping to marry soon. The person whom I may be marrying will turn 60 in August. Nine months before I met him he was diagnosed with Parkinsons. After months of visits his Doctor determined him disabled, but still in his right state of mind to make decision. He now gets a disability and SSI monthly income. He only has one living Daughter (which has nothing to do with her Dad's Family and in her eyes no female is the right one for her dad). When he passes away (which I hope he out lives me), his Daughters plans are to take his remains to another town and plan a funeral, not letting any of us attend. So my question is. If we are to get married, and he does pass. Will I be the one who makes the finally decisions (as his wife) or will his daughter still have all rights? And another questions. His Sister's & Brother have told me that by marrying him I would draw off his SSI income after his death (which isn't important to me). Is that true??

Hi,

SSI is the abbreviation used by Social Security to denote Supplemental Security Income. Supplemental Security Income (SSI) is a needs based benefit administered by the Social Security Administration, and those benefits are paid only to the individuals who qualify. The SSI program does not pay auxiliary (e.g. spousal or child) or survivor benefits, so if what your fiancée receives is Supplemental Security Income then no you wouldn't be able to draw any of those benefits as his widow.

However, if you marry and if your spouse is receiving Social Security disability (SSDI) benefits, then you could potentially qualify for widow's benefits in the future. You must normally have been married for at least 9 months at the time your spouse dies in order to qualify for widow's benefits, and you must be at least age 60, or age 50 and disabled before you can collect benefits. Survivor benefits can sometimes be paid sooner than that to widows with children in their care who qualify for survivor benefits and are either under age 16 or disabled.

I'm not able to answer your question regarding who would have the right to make decisions about funeral arrangements, etc. My expertise is limited to Social Security benefits.

Best, Jerry