Category: Elder Law

  • What Happens to Social Security when Your Spouse Dies?

    What Happens to Social Security when Your Spouse Dies?

    The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors’ benefits. Wikipedia.

    If a movie is really working, you forget for two hours your Social Security number and where your car is parked. You are having a vicarious experience. You are identifying, in one way or another, with the people on the screen. Roger Ebert.

    Millie is right to be concerned. She is worried about what will happen with their Social Security checks, who she needs to notify at their bank, how to obtain death certificates and how complicated it will be for her to obtain widow’s benefits. Many answers are provided in the article Social Security and You: What to do when a loved one dies” from Tuscon.com.

    First, what happens to the Social Security monthly benefits? Social Security benefits are always one month behind. The check you receive in March, for example, is the benefit payment for February.

    Second, Social Security benefits are not prorated. If you took benefits at age 66, and then turned 66 on September 28, you would get a check for the whole month of September, even though you were only 66 for three days of the month.

    If your spouse dies on January 28, you would not be due the proceeds of that January Social Security check, even though he or she was alive for 28 days of the month.

    Therefore, when a spouse dies, the monies for that month might have to be returned. The computer-matching systems linking the government agencies and banks may make this unnecessary, if the benefits are not issued. Or, if the benefits were issued, the Treasury Department may simply interrupt the payment and return it to the government, before it reaches a bank account.

    There may be a twist, depending upon the date of the decedent’s passing. Let’s say that Henry dies on April 3. Because he lived throughout the entire month of March, that means the benefits for March are due, and that is paid in April. Once again, it depends upon the date and it is likely that even if the check is not issued or sent back, it will eventually be reissued. More on that later.

    Obtaining death certificates is usually handled by the funeral director, or the city, county or state bureaus of vital statistics. You will need more than one original death certificate for use with banks, investments, etc. The Social Security office may or may not need one, as they may receive proof of death from other sources, including the funeral home.

    A claim for widow’s or widower’s benefits must be made in person. You can call the Social Security Administrator’s 800 number or contact your local Social Security office to make an appointment. What you need to do, will depend upon the kind of benefits you had received before your spouse died.

    If you had only received a spousal benefit as a non-working spouse and you are over full retirement age, then you receive whatever your spouse was receiving at the time of his or her death. If you were getting your own retirement benefits, then you have to file for widow’s benefits. It’s not too complicated, but you’ll need a copy of your marriage certificate.

    What Happens to Social Security when Your Spouse Dies? Widow’s benefits will begin effective on the month of your spouse’s death. If your spouse dies on June 28, then you will be due widow’s benefits for the entire month of June, even if you were only a widow for three days of the month. Following the example above, where the proceeds of a check were withdrawn, those proceeds will be sent to your account. Finally, no matter what type of claim you file, you will also receive a one-time $255 death benefit.

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  • What If My Beneficiary Isn’t Ready to Handle an Inheritance?

    What If My Beneficiary Isn’t Ready to Handle an Inheritance?

    “There are only two ways to live your life. One is as though nothing is a miracle. The other is as though everything is a miracle.” Albert Einstein

    “The old who have died live on in the young ones. Don’t you feel this now in your bereavement, when you look at your children?” Albert Einstein

    A recent Kiplinger article asks: “Is Your Beneficiary Ready to Receive Money?” In fact, not everyone will be mentally or emotionally prepared for the money you wish to leave them.

    What If My Beneficiary Isn’t Ready to Handle an Inheritance?

    Here are some things to consider:

    The Beneficiary’s Age. Children under 18 years old cannot sign legal contracts. Without some planning, the court will take custody of the funds on the child’s behalf. This could occur via custody accounts, protective orders or conservatorships. If this happens, there’s little control over how the money will be used. The conservatorship will usually end and the funds be paid to the child, when they become an adult. Giving significant financial resources to a young adult who’s not ready for the responsibility, often ends in disaster. Work with an estate planning attorney to find a solution to avoid this result.

    The Beneficiary’s Lifestyle. There are many other circumstances for which you need to consider and plan. These include the following:

    A beneficiary with a substance abuse or gambling problem;

    A beneficiary and her inheritance winds up in an abusive relationship;

    A beneficiary is sued;

    A beneficiary is going through a divorce;

    A beneficiary has a disability; and

    A beneficiary who’s unable to manage assets.

    All of these issues can be addressed, with the aid of an estate planning attorney. A testamentary trust can be created to make certain that minors (and adults who just may not be ready) don’t get money too soon, while also making sure they have funds available to help with school, health care and life expenses.

    Who Will Manage the Trust? Every trust must have a trustee. Find a person who is willing to do the work. You can also engage a professional trust company for larger trusts. The trustee will distribute funds, only in the ways you’ve instructed. Conditions can include getting an education, or using the money for a home or for substance abuse rehab.

    Estate Plan Review. Review your estate plan after major life events or every few years. Talk to a qualified estate planning attorney to make the process easier and to be certain that your money goes to the right people at the right time.

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  • Why Do I Need an Executor?

    Why Do I Need an Executor?

    What would happen if someone you were close to, asked you to be their Executor? Would you be honored, or would you be uncomfortable with the responsibility? What do you need to do, when do you need to handle these tasks and how much time will it take?

    These are the questions often asked about the role of an Executor, as reported in The Huntsville Item in the article “Role of an executor.”

    A person having a will prepared is called the “Testator” if male and a “Testatrix” if female. The person they appoint to take care of distributing their assets and carrying out the instructions in their will is called the “Executor” if male and the “Executrix” if female. That person also pays the estate’s debts and taxes. Note that the debts and taxes are not paid from the Executor’s personal accounts, but from the proceeds of the estate.

    Why Do I Need an Executor? The Executor has several responsibilities and power. Therefore, it’s important to choose an individual who is organized, good with finances and knows how to get things done. An Executor could be a person or an institution, like a bank. Here are some things to consider when selecting an Executor:

    • Are they good with handling their own personal business?
    • Do they have some familiarity with your business, finances and property?
    • Are they willing and able to act as your Executor?
    • Do they have the time to devote to serving as Executor?
    • Can they work with your estate planning attorney and your accountant?
    • If you own a business, will they be able to keep it going during a transition period?

    There should always be a Plan “B” and perhaps even a Plan “C,” if the first person you wish either cannot or will not serve as Executor. If you do not have a Plan “B” or “C,” the court may name an Executor. That may be a person you don’t know, who does not know you, your family or your business.

    Why Do I Need an Executor? The Executor’s tasks vary, depending upon the laws of the state. However, in general, these are the Executor’s tasks. Note that an estate planning attorney usually assists with this process.

    • The will is probated, which requires filing an application with the probate court in the decedent’s jurisdiction.
    • The court issues Letters Testamentary to the individual designated in the will as the Executor.
    • A general notice is given to unsecured creditors within 30 days of being appointed Executor.
    • Notice is given to each secured creditor, by certified or registered mail.
    • Documents need to be gathered, including insurance policies, bank statements, income tax returns, car titles, leases, home deeds, home titles, mortgage paperwork, property tax bills, birth, death and marriage certificates and unpaid bills.
    • The post office, relatives, friends, employers, insurance agents, religious, fraternal, veterans’ organizations, unions, etc., all need to be notified.
    • The personal property of the estate needs to be collected, preserved and appraised.
    • The residence needs to be secured and maintained, including a review of insurance coverage.
    • An inventory of the estate’s assets needs to be prepared.
    • The Executor needs to apply for Social Security benefits and an employee identification number (EIN) for the estate’s bank account.
    • Once the EIN number has been created, open a bank account on behalf of the estate and pay all valid debts from the estate account.
    • Determine any tax liability and prepare for a final tax return to be filed.
    • Distribute the assets and property of the estate, according to the directions in the will.

    Usually the estate planning attorney handles many of these tasks and works closely with the Executor. Some Executors are compensated by the estate for their time and effort, but that is not always the case. Talk with your estate planning attorney in advance, about any compensation for your Executor.

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