As a will lawyer in Naperville, I often meet clients who are surprised by how complicated Social Security survivor benefits can be. Even individuals with decades of experience working in government or finance can run into frustrating delays and bureaucratic hurdles after losing a spouse.
A recent article from Next Avenue shares the story of a woman who spent nearly two years trying to secure the Social Security survivor benefits she was rightfully entitled to after her husband’s passing. Despite her 30-year career in a county District Attorney’s office, she still encountered confusion, red tape, and emotional stress.
Her experience underscores an important point: the time to plan for survivor benefits is while both spouses are still living.
Survivor Benefits: What You Need to Know Now
Integrating survivor benefit planning into your estate plan can reduce the burden on loved ones during one of life’s most difficult transitions. When working with a will lawyer in Naperville, these are the issues we help you address:
1. You Don’t Receive Two Checks
After a spouse dies, the surviving spouse doesn’t collect both Social Security benefits. Instead, they receive the higher of the two benefit amounts. This means that if each spouse was collecting a benefit, one of those monthly payments disappears after the first death—something that should be accounted for in your financial and estate planning.
2. Timing Affects the Benefit Amount
Survivor benefits depend on two factors:
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The deceased spouse’s age at the time of death
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The surviving spouse’s age when they claim the benefit
If the surviving spouse has reached Full Retirement Age (FRA) for survivor benefits, they are generally entitled to 100% of the deceased spouse’s benefit. FRA for survivors ranges from age 66 to 67, depending on year of birth.
3. Even if Your Spouse Hadn’t Claimed Benefits Yet…
If your spouse passed away before claiming Social Security, your survivor benefit is still based on what they would have received at their Full Retirement Age. If they died past that age, the amount may be higher due to delayed retirement credits.
A Cautionary Tale—and a Call to Prepare
The widow featured in the Next Avenue story met all the eligibility rules: married for more than nine months, not remarried before age 60, and past FRA for survivor benefits. But she didn’t know how much higher her late husband’s benefits were compared to her own.
That single missing detail delayed her payments for over 18 months, requiring layers of verification and documentation. These are the kinds of frustrations that careful estate and benefit planning can prevent.
What Documents You’ll Need for Survivor Benefits
To apply for Social Security survivor benefits, gather the following:
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Original death certificate
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Social Security numbers for you and your spouse
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Your birth certificate
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Marriage certificate (or divorce decree if applicable)
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Children’s birth certificates and SSNs (if applying for dependents)
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Most recent W-2 or self-employment tax return
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Bank account details for direct deposit
Discussing these details with a will lawyer in Naperville during your estate planning process ensures you’re not leaving your spouse in the dark—or worse, in limbo—when these benefits are most needed.
Don’t Overlook This Part of Estate Planning
Planning for survivor benefits is just as important as writing your will, designating a power of attorney, or setting up a trust. Your estate planning attorney can help you coordinate Social Security, pensions, and annuities to make sure everything aligns with your broader financial strategy.
When you work with me, I’ll guide you through these decisions in a way that protects your family and eases future burdens.
Work with a Will Lawyer in Naperville Who Helps You Plan Ahead
At the Law Offices of Robert J. Varak, I believe estate planning should offer both clarity and compassion. Survivor benefits shouldn’t be a mystery or a source of stress—especially at a time when your family needs stability and support.
If you’re ready to create or update your estate plan, I invite you to contact me today to get started. Together, we’ll ensure that your spouse and loved ones are prepared for the future—with the guidance of a trusted will lawyer in Naperville.
Let me know if you’d like a visual to accompany this article—perhaps a pencil-style image of a widow reviewing documents or sitting with a professional.
