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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 577
Experience:  10 years experience
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My husband died in 2011 at age 72. We had been married over

Customer Question

My husband died in 2011 at age 72. We had been married over 40 years. I had retired at that time at age 65. I earned more than he did for the majority of our married life. I was getting Social Security since I retired. Am I entitled to any of his social security benefits?
JA: What state are you in? It matters because laws vary by location.
Customer: Missouri
JA: Has anything been filed or reported?
Customer: His death was reported, and I received the $255 from Social Security. I'm not certain to what other reports you are referring.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 1 month ago.
Category: Tax
Expert:  emc011075 replied 1 month ago.

Hi. My name is ***** ***** I will be happy to help you.

You are entitled to the higher of your own or spousal/widow benefits but not both combined. If his benefits were less than yours, you would keep your own benefits. It would not make sense to switch to his lower benefits. If you reported his death in timely manner and received the $255 death benefits, social security most likely already checked your records to make sure that you received the most benefits you are entitled to.

You can check with the social security to make sure but if you earned more during your lifetime than he did, you are most likely receiving all benefits you are eligible for.

Expert:  emc011075 replied 1 month ago.

I see you read my respond. Do you have any questions? Is there anything else I can help you with today?

Expert:  emc011075 replied 1 month ago.

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