Survivor Benefits for Social Security Recipients

Social Security survivor benefits can be an important part of one’s estate plan as they relate to monthly living expenses. This article provides a brief summary of survivor benefits for Social Security recipients.

How do I apply for survivor benefits from Social Security?

When someone who is receiving Social Security payments dies, the surviving spouse is eligible for “survivor” benefits. Apply for those benefits as quickly as possible. You’ll need a copy of the deceased’s death certificate and evidence of your relationship, marital situation and age. In addition to monthly checks, the Social Security Administration will give you a one-time $255.00 payment to help meet burial or other expenses.

Survivor benefits are also available to minor children when a parent dies, even if the parent wasn’t old enough to collect Social Security retirement benefits. These monthly payments can be quite substantial, subject to the maximum allowable earnings limit prior to taxation, and are a good source of cash to meet the child’s living expenses and savings for college.

Will I lose the survivor benefits I collect from Social Security if I remarry?

If your spouse has died and you are receiving Social Security survivor benefits, you won’t lose those benefits if you marry as long as you have already reached the age of 60. If you’re blind, you can continue receiving survivor benefits as long as you have reached 50.

In fact, if you remarry, you might even see your monthly Social Security check increase. That’s because you may qualify for higher benefits based on your new spouse’s earning history. You get to choose the higher of the two figures. If you have children who are also receiving benefits, their status will be unaffected by remarriage.

My wife and I are both drawing Social Security checks, what will happen when one of us dies?

When both partners in a marriage are receiving Social Security payments and one dies, the survivor is entitled to receive the greater of 100% of the late spouse’s monthly benefit or his or her own monthly benefit. This does not mean that you will begin receiving two monthly checks when your spouse dies. Instead, it means that you will be able to choose whether to continue collecting the amount that your spouse received when he or she was alive.

For example, if your spouse’s monthly check was $1,100.00 and yours is $600.00, you would choose to collect payments under your spouse’s plan so you could receive $1,100.00 a month.

This is a brief summary of some issues related to survivors’ benefits for Social Security Recipients. Hopefully, it provides some assistance to guide you in planning for and receiving survivor benefits.

Jeffery J. McKenna is a local attorney licensed in three states and serving clients in Utah, Nevada, and Arizona. He is a partner at the law firm of Barney, McKenna and Olmstead, with offices in St. George and Mesquite. He is a founding member of the Southern Utah Estate Planning Council. If you have questions or topics that you would like addressed in these Wednesday articles please email him at jmckenna@www.barney-mckenna.com or call 628-1711.