W was R’s elder sister. Tragically, their parents died when R was about 4 years old. After that, W took over the care of R until he attained the age of majority, assuming a parental role for him.

Later, when R became an adult and began earning a good living, he needed to pay for his elder sister’s support and maintenance. He contributed more than one-half of her support.

R passed away in October 1963 at age 35. At the time of his death he was domiciled in California.

W applied for parents’ social security benefits based on R’s work record. In order for her to qualify she needed to prove she was receiving one-half of her support from R at the time he died. She met this requirement.

However she also needed to show that, in her role as caregiver for R in loco parentis, that she was entitled to inherit personal property from him under California’s laws of intestate succession. California’s inheritance laws made no provision for a person acting in loco parentis to inherit personal property as a parent.

Unfortunately, W’s application was denied. I do think she was smart to try, however. She had been the only caregiver her younger brother knew for fourteen years and was relying on him for support when he passed away.

See Social Security Ruling (SSR) 65-40.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.