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RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13494
Experience:  Experienced in multiple areas of the law.
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Am I entitled to my deceased husbands s.s. money? We were

Customer Question

Am I entitled to my deceased husbands s.s. money? We were married almost 50 years.
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: I am in Indiana
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Legal
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 9 months ago.

Thank you for your patience. My condolences on your loss.

Yes you can. You’ll be eligible for a survivor benefit based on his earnings whether or not he had started to receive Social Security checks when he passed. You’ll have the option to either claim survivor benefits or take benefits based on your own work history. You can’t, however, take both benefits at the same time.

If your husband passed after he had already claimed Social Security benefits, your maximum survivor benefit will be the amount he was receiving – whether he took reduced early benefits, full retirement benefits, or benefits after full retirement age. The longer he waited to take benefits, the larger the maximum survivor benefit would be.

The size of the survivor benefit is also based on the age you take those benefits. You will be eligible for the full amount he was receiving if you take the survivor benefit at your full retirement age. You can take survivor benefits as early as age 60, but the amount will be reduced based on the number of months remaining before your full retirement age.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Expert:  RobertJDFL replied 9 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page. Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you.