Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.
Question: 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.
