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Schafer v. Astrue: The Fourth Circuit Weighs in on 'Who is a Decedent's Child?'

ABA Section on Real Property, Trusts, and Estates eReport, June 2011

Pepperdine University Legal Studies Research Paper No. 2011/19

8 Pages Posted: 23 Nov 2011  

Kristine S. Knaplund

Pepperdine University School of Law

Date Written: 2011

Abstract

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.

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

Suggested Citation

Knaplund, Kristine S., Schafer v. Astrue: The Fourth Circuit Weighs in on 'Who is a Decedent's Child?' (2011). ABA Section on Real Property, Trusts, and Estates eReport, June 2011; Pepperdine University Legal Studies Research Paper No. 2011/19. Available at SSRN: https://ssrn.com/abstract=1963355

Kristine S. Knaplund (Contact Author)

Pepperdine University School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States

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