They had two kids . When the youngest was 3 my husband found out that the boy was not his. They broke up. My husband never removed his name off the birth cetificate. We have three children together now. God forbids something happens to my husband will the boy have any benefits? Also the real father passed & the boy is already receiving social security from his biological father.

Your husband can take steps with cooperation of the mother to remove his name, but perhaps you are worried too much. The child already has established a biological father. There was no marriage. I can't imagine any problems and they would not be about 'benefits' such as SS or the death benefit (small) certainly, with no marriage. They would have to be some sort of personal lawsuit over an estate and he would lose.

Good lord. These days, with a good lawyer, you can do anything. I would get his name off that certificate just to play it safe.

If the child is getting SS benefits from the bio father then the bio father has probably been declared the legal father. All he has to do is make sure that's the case.