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When my husband dies do I get his full SS instand of mine +

Customer Question
When my husband dies...

When my husband dies do I get his full SS instand of mine + his penson?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

KY but my SS goes bank in N.J.

Lawyer's Assistant: Has anything been filed or reported?

All paper work is done. Got check from pension was not same amount Union said was more. He was getting 1836.00 in SS and 1085.27 Pension. I was getting 944.70. I thought I would get his SS and they would take back mine + 1/2 of his pension. which would be 650.00. SS said I would only get $1947.60. a month.

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

No went to SS

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

He worked full time and so did I. He pasted 7/4/17

Submitted: 1 year ago.Category: Legal
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Answered in 3 minutes by:
8/1/2017
Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,455
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 1 year ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am very sorry for your loss. It must be very difficult to have to face these issues so soon after losing your husband.

In regard to Social Security you will get the greater amount of yours or his. They will not give you both. If his was the greater amount you will get that amount.

In regard to the pension it depends on what election your husband made when he applied for the pension at retirement. A 50% retirement benefit is typical. You need to ask the pension administrator what election your husband made.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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