I’ve Been Widowed Before the Age of 50, What Social Security Benefits Am I Entitled? Do I Need to Get My Will Notarized?
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Summary
I am 47 years old, was married 13 years and divorced, then remarried and became a widow at 47, we were married 12 years. I am on soc sec disability, I was told I basically cannot be a widow at this age by soc sec. |
“I am 47 years old, was married 13 years and divorced, then remarried and became a widow at 47, we were married 12 years. I am on soc sec disability, I was told I basically cannot be a widow at this age by soc sec. how absured. My daughter who was twelve and from my second marriage died on 12/2/05, then my husband passed on 2/14/06. What help can I get if any. Also, does my will that I wrote only need to be notarized??”
As near as I can tell, Social Security widow benefits, even for a disabled person, would not kick in until the age of 50 unless that disabled person also has minor children (See e.g. SSA Publication No. 05-10084, July 2006, ICN 46854). So it would seem that under the facts of your situation, Social Security widow benefits might not be available to you for a few years, if at all.
My research shows that a witnessed will does not need to be notarized except in Louisiana. If the will is notarized, it may be easier to validate (”self-proving” document). So while notarization may not be required, it does not hurt. Laws vary from state to state, so consultation with an attorney knowledgeable in estate planning would be a good idea.
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For more on this subject check out these categories: Welfare & AFDC, Wills, Trust & Estate Planning
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.