We reviewed request no. 1381 for the year 2005 which includes the following:

    A man passed away and was survived by two wives and children from his first wife with no children from his second wife. After he died, Social Security issued a three month's pay in burial benefits in his second wife's name, totaling 5, 850 L.E (he was on pension). His second wife does not reside in the same place where he died and she did not share in any of the funeral expenses. As the children of the deceased covered all the costs of his funeral and burial, are they legally entitled to a share in this sum?

    Burial benefits are not among the things that can be inherited because they are not an established right owed by Social Security, but are considered a moral and monetary assistance to the heirs of the deceased. The sum is not fixed but is determined based on certain considerations and provisions established by social security. Due to this, the sum mentioned in the question is not subject to the rulings of inheritance, but belongs to the person in whose name the check was issued. However, the children who paid for their father's funeral expenses are entitled to ask his second wife for recompense. If the funeral cost less than the issued sum, they are to take only what they paid and the rest belongs to the second wife.