Dear Liz: I’m in a second marriage that’s lasted 10 years. Is my wife fully entitled to my Social Security after I die? My first wife and I were married for 19 years. Is my ex entitled to any of it?
Answer: Both your current spouse and your ex could be entitled to survivor benefits based on your work record. Typically someone must be married nine months to qualify for survivor benefits on a current spouse’s record. If the spouses divorced, the marriage must have lasted 10 years. Each survivor benefit can be up to 100% of your benefit. The amount may be reduced if the women start benefits before their own full retirement age, but they don’t have to share — the amount isn’t reduced because you’ve had more than one spouse.
Trusts and taxes
Dear Liz: My parents set up a family trust, which my brother and I have now inherited but not fully distributed. Included in that trust was the understanding that $130,000 would go to my daughter who is now 23. She has not received any of the money yet but would like to receive it within the next year for a down payment on a house. Would it be better to give her half the money this calendar year and half next year, or give her everything at once? I’m thinking there may be tax breaks for first-time home buyers that would offset the tax burden that a sudden increase in income from the inheritance would cause. She has been living on her own for several years and has a full-time job earning about $52,000 per year. She is already taking advantage of her company’s 401(k) match.
Answer: The inheritance won’t be considered income and isn’t taxable as such. Of course, any money the inheritance earns would be taxable. So if your daughter parks the money in a high-yield savings account while she looks for a home, she would pay income tax on any interest earned.
There also isn’t currently a first-time home buyer federal tax credit, although many states have various programs to help people buy homes. These typically do have income limits, although, again, the inheritance itself wouldn’t be considered part of her income.
Before you distribute the money, however, get clear on what exactly the “understanding” is about this money. If the trust clearly states this amount goes to your daughter, that’s one thing. If this money has been allocated to you, however, and you’re complying with your parents’ unwritten wish, you may have to file a gift tax return when the money is distributed. (Gift taxes won’t be due unless you give away millions in your lifetime.) An estate planning attorney can advise you.
Business
Here’s how to budget your money using the 50/30/20 rule
The 50/30/20 budget was popularized by Sen. Elizabeth Warren and her daughter Amelia Warren Tyagi in their book, “All Your Worth: The Ultimate Lifetime Money Plan.”
April 23, 2023
Helping beneficiaries find documents
Dear Liz: Not so much a question but a follow-up to previous advice in your column. I agree online statements are safe and reasonable but suggest keeping at least one printed statement a year from each account with important papers. Also, take time to place “transfer on death” beneficiaries on each account. My younger brother passed away without a will and most of his accounts were online. I have spent many months unraveling this mess. I had to prove I was next of kin to get at least enough money to be reimbursed for final expenses.
Answer: Your experience is far from unusual, unfortunately. With so much of our financial lives online, we’re just not creating the paper trails that can help executors settle our affairs. Often the executors can’t even open the laptops and phones that could help them track down accounts because those devices are password protected. Digital assets such as photos, frequent flier miles and cryptocurrency may become forever inaccessible.
People can make life easier for their loved ones by keeping an updated list of key passwords and account numbers in a safe place that’s accessible to the person or people who will be settling their estate. That could be an at-home safe or a locked filing cabinet, as long as your trusted person has the combination or key. Another option would be online services such as Everplans, which can allow you to organize documents and name trusted people who can get access to those documents after your death.
Liz Weston, Certified Financial Planner, is a personal finance columnist for NerdWallet. Questions may be sent to her at 3940 Laurel Canyon, No. 238, Studio City, CA 91604, or by using the “Contact” form at asklizweston.com.
More to Read
-
These major financial decisions shouldn’t be DIY projects. Talk to an expert!
Sept. 8, 2024
-
Money Talk: A parent had life insurance, but the companies are gone. What to do?
Sept. 1, 2024
-
Money Talk: An aging father chafes at a daughter’s request for financial safeguards
Aug. 25, 2024
FAQs
Answer: Both your current spouse and your ex could be entitled to survivor benefits based on your work record. Typically someone must be married nine months to qualify for survivor benefits on a current spouse's record.
Does a second wife get Social Security from her husband? ›
If you've been married multiple times, your current and former spouses could be eligible for Social Security benefits based on your earnings record, subject to certain requirements.
When a spouse dies, how much Social Security does the survivor get? ›
Surviving spouse, at full retirement age or older, generally gets 100% of the worker's basic benefit amount. Surviving spouse, age 60 or older, but under full retirement age, gets between 71% and 99% of the worker's basic benefit amount.
What disqualifies you from Social Security survivor benefits? ›
Didn't remarry before age 60 (age 50 if you have a disability).
Can I lose my survivor benefits if I remarry? ›
A widow(er) is eligible to receive benefits if she or he is at least age 60. If a widow(er) remarries before age 60, she or he forfeits the benefit and, therefore, faces a marriage penalty. Under current law, there is no penalty if the remarriage occurs at 60 years of age or later.
What is the difference between widow benefits and survivor benefits? ›
“Survivor benefits” and “widow benefits” are both terms used for the same Social Security benefits paid to the surviving spouse and dependents after a person's death.
What is the new spousal rule for Social Security? ›
Last Updated: July 15, 2024
If you don't have enough Social Security credits to get benefits on your own work record or your own benefit is small, you may be able to receive benefits as a spouse. Your spouse must be receiving benefits for you to get benefits on their work record.
What is the loophole for Social Security spousal benefits? ›
What you may not realize is that your spouse may also be able to receive Social Security benefits. In fact, they don't even have to have reached retirement age to qualify for these benefits. They may be eligible, through this loophole, if they are serving as a caregiver at home for your child with disabilities.
Does ex-wife get everything when husband dies? ›
Once a divorce is finalized and assets have been divided between the former spouses, the ex-spouse will generally have no right to an inheritance from their ex-spouse's estate if the spouse dies.
What not to do when your spouse dies? ›
Top 10 Things Not to Do When Someone Dies
- 1 – DO NOT tell their bank. ...
- 2 – DO NOT wait to call Social Security. ...
- 3 – DO NOT wait to call their Pension. ...
- 4 – DO NOT tell the utility companies. ...
- 5 – DO NOT give away or promise any items to loved ones. ...
- 6 – DO NOT sell any of their personal assets. ...
- 7 – DO NOT drive their vehicles.
For a spouse who is not entitled to benefits on his or her own earnings record, this reduction factor is applied to the base spousal benefit, which is 50 percent of the worker's primary insurance amount.
Which wife gets the Social Security? ›
If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit.
Who gets survivor benefits, first or second wife? ›
When someone who was married more than once dies, who is eligible for their Social Security benefits? Anyone who was married to a Social Security beneficiary can potentially receive survivor benefits on the death of that person.
What can reduce Social Security survivor benefits? ›
You can get Social Security retirement or survivors benefits and work at the same time. But, if you're younger than full retirement age, and earn more than certain amounts, your benefits will be reduced. The amount that your benefits are reduced, however, isn't lost.
Why would you be denied survivor benefits? ›
However, not everyone can collect survivor benefits. Eligibility typically depends on several factors, including the deceased worker's earned Social Security credits, the survivor's relationship to the deceased, as well as their age or disability status.
Can you collect Social Security from more than one deceased spouse? ›
A widow or widower and a divorced ex-spouse (or multiple ex-spouses) can draw survivor benefits on the same person's earnings record without affecting what the other receives.
What is the new Social Security spousal rule? ›
Last Updated: July 15, 2024
If you don't have enough Social Security credits to get benefits on your own work record or your own benefit is small, you may be able to receive benefits as a spouse. Your spouse must be receiving benefits for you to get benefits on their work record.
How long do a wife have to be married to receive survivor benefits? ›
Usually, a person must be married for at least nine months before they can get benefits on a deceased spouse's record. However, there are exceptions to this rule. (For a list of exceptions, use the link below to SSA's Publications Page and review Section 401 of the Social Security Handbook.)
Do ex wives get survivor benefits from Social Security? ›
A surviving spouse, surviving divorced spouse, unmarried child, or dependent parent may be eligible for monthly survivor benefits based on the deceased worker's earnings. In addition, a one-time lump sum death payment of $255 can be made to a qualifying spouse or child if they meet certain requirements.
