Twins conceived after their father's death were denied his Social Security benefits by a unanimous Supreme Court

Robert and Karen Capato married in May 1999. Soon after, Robert was diagnosed with esophageal cancer. Told chemotherapy might leave him sterile, he deposited semen at a sperm bank, where it was frozen. Karen conceived naturally and gave birth to a son in August 2001. Robert's will, executed in Florida, named that son as a beneficiary and made no provision for children conceived after his death, although the couple had told their lawyer they wanted future children treated the same. Robert died in March 2002. In January 2003 Karen conceived through IVF with the frozen sperm. Twins were born in September 2003, about 18 months after his death. She claimed Social Security survivors benefits for them. The agency refused. Florida intestacy law lets a posthumously born child inherit only if conceived while the parent was alive. The Third Circuit ruled for the twins. On 21 May 2012 the Supreme Court reversed, 9 to 0, in an opinion by Justice Ginsburg. It held that survivor benefits follow the inheritance law of the state where the worker was domiciled. Twins conceived after death in Florida get nothing. Several states have since passed statutes letting posthumously conceived children inherit if conceived within a set period and the parent consented in writing. In 2026 eligibility still depends on the dead parent's state.