Schafer v. Astrue: The Fourth Circuit Weighs in on 'Who is a Decedent's Child?'
Kristine S. Knaplund
Pepperdine University School of Law
ABA Section on Real Property, Trusts, and Estates eReport, June 2011
Pepperdine University Legal Studies Research Paper No. 2011/19
This Article discusses the Fourth Circuit's 2011 opinion in the case of Schafer v. Astrue, in which the court determined that a postmortem conception child must demonstrate that applicable state law entitles him or her to inherit in intestacy as the decedent's child in order to qualify for the decedent's Social Security survivor's benefits.
The United States Supreme Court granted certiorari in this case (under the name "Astrue v. Capato") on Monday, November 14, 2011.
Number of Pages in PDF File: 8
Keywords: Schafer, Astrue, Capato, Fourth Circuit, Supreme Court, postmortem, conception, child, Social Security, survivor, benefits, death, estate, intestacy, beneficiary, dependent, inherit, wage earner, ART, artificial reproduction
Date posted: November 23, 2011