Benefits for Minor Children After a Parent Dies in Massachusetts

When a parent dies, minor children may be entitled to ongoing financial support from multiple programs — federal Social Security, state pension systems, workers' compensation, and the state's Veterans benefits program, depending on the deceased parent's work history. These benefits come from different agencies, have different application procedures, and are often overlooked in the immediate crisis of managing a death.

Here is a clear breakdown of what minor children in Massachusetts are entitled to receive and how to claim it.

Social Security Survivor Benefits for Children

Federal Social Security survivor benefits are the most broadly available benefit for minor children after a parent's death. Children are eligible if the deceased parent was insured (i.e., had sufficient Social Security work credits).

Eligible children include:

• Unmarried children under 18
• Unmarried children between 18 and 19 who are full-time high school or elementary school students
• Children with disabilities that began before age 22, with no age limit

Each eligible child can receive up to 75% of the deceased parent's basic Social Security benefit amount. If the surviving parent is also receiving benefits, a family maximum applies — typically 150% to 180% of the deceased's benefit, divided proportionally among all eligible family members.

To apply, the surviving parent or guardian calls the Social Security Administration at 1-800-772-1213 and provides birth certificates for each child, the deceased parent's Social Security number, and a certified death certificate. Benefits are retroactive to the date of death and do not require waiting for a probate court appointment.

Massachusetts Public Employee Pensions: MTRS and MSERS

If the deceased parent was a Massachusetts teacher (MTRS) or state employee (MSERS), the retirement option selected — or the default "active member" rules — determines whether children receive ongoing benefits.

For active members who died before retiring (Option D): If the pension member died while still employed, the surviving spouse is the primary beneficiary of the Option D allowance — a monthly payment calculated as if the member had retired under Option C. If the surviving spouse later dies while minor children are still in the home, the pension payments continue to the guardian of the minor children until each child reaches age 18.

For retirees who selected Option C: Option C pays the surviving spouse two-thirds of the retiree's monthly benefit for life. After the surviving spouse's death, Option C payments typically do not continue to adult children — but if the surviving spouse dies while the couple's children are still minors, some pension plans have provisions for continued guardian payments. Confirm the specific terms with MTRS or MSERS.

Critical timing issue: The surviving spouse must formally elect Option D benefits within 90 days of being notified by the retirement board. Missing this window can forfeit the election right. Do not wait for the estate to be settled before contacting the retirement board.

Workers' Compensation Death Benefits for Dependent Children

If the parent died from a workplace injury or occupational disease, dependent children are entitled to workers' compensation survivor benefits under G.L. c. 152, § 31.

The surviving spouse receives 66.67% of the deceased worker's average weekly wage (up to the state maximum of $1,922.48 per week for the 2025–2026 benefit year). Each dependent child receives an additional $60 per week from the insurer if the surviving spouse remarries — at which point the spouse's weekly benefit terminates and the per-child payments become the primary support.

Children continue to receive these payments until they reach age 18 (or age 23 if they remain full-time students). Children with permanent disabilities may receive benefits indefinitely.

The workers' compensation insurer is also required under G.L. c. 152, § 33 to pay reasonable burial expenses up to eight times the State Average Weekly Wage — currently over $15,000 — directly in addition to ongoing survivor benefits.

Massachusetts Chapter 115 Veterans Benefits for Dependent Children

If the deceased parent was a veteran, the Massachusetts Chapter 115 program can provide financial assistance for dependent children as well as the surviving spouse. Benefits cover shelter, medical care, food, and daily living expenses based on a means test administered by the local Veterans' Service Officer.

Children of veterans who died as a result of service-connected causes may also qualify for the Edward T. Conroy Memorial Scholarship Program, which provides tuition-free enrollment at Massachusetts public universities and colleges.

Homestead Protection for Minor Children

The Massachusetts Homestead Act explicitly extends protection to minor children. When a declared homestead is in place (or even the automatic $125,000 protection), that equity shield continues for the benefit of minor children and the surviving spouse — regardless of whether the declarant (the parent who filed) has died.

If both parents die while minor children are living in the home, the homestead protection continues until the youngest child reaches adulthood. The guardian of the children can rely on this protection to prevent unsecured creditors from reaching the home equity during the administration of the estate.

Practical First Steps for Families With Minor Children

1. Apply for Social Security survivor benefits immediately. There is no reason to wait — this is the most broadly available benefit and has no filing fee.
2. Contact MTRS or MSERS within 90 days if the deceased parent was a public employee. Missing the election window forfeits benefits that cannot be recovered.
3. File workers' compensation claims if the death was work-related. The Department of Industrial Accidents coordinates these claims.
4. Contact the local Veterans' Service Officer if the parent was a veteran. Chapter 115 applications are processed locally and require in-person coordination.
5. Do not overlook school tuition programs. The Conroy Scholarship is underutilized because many families don't know it exists.

Protecting the financial future of minor children after a parent dies involves multiple programs across different agencies — and each has its own deadlines and documentation requirements. The Massachusetts Survivor Benefits Navigator provides a consolidated guide that covers each program, with the exact steps to claim every benefit your children may be entitled to.

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