Inheritance & Social Security Questions

[Anonymous]

FIL is unfortunately terminally ill. He has been living with his partner for 20+ years (unmarried). No children between them, but both have grown children from relationships past.

DH tells me the next time he sees FIL, he will propose that the two of them get married so that she may be able to get a portion of his Social Security benefits (she has worked all her life and does have her own) when he passes so it doesn't all "go to waste".

Who knows if either of them would go that far but I am unsure of the potential pitfalls for DH if it did happen. I can only think it may complicate matters relating to his and his sibling's inheritance. Beyond this post, I'm staying out of this but what else am I missing here?

[Anonymous]

Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

[Anonymous]

Anonymous wrote:Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

This. It's too late for her to get his Social Security.

[Anonymous]

Anonymous wrote:Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

Maybe, maybe not. In some states, it isn't permitted to completely disinherit a spouse.

OP, your husband really need to consult with an estate planning attorney *before* he brings this up to his father.

[Anonymous]

Anonymous wrote:Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

It’s one year, not ten.

[Anonymous]

PP here. That said, you might want to have your husband suggest at least leaving his house to her or something if they've been together so long.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

This. It's too late for her to get his Social Security.

Nope. The 10 year rule if for you to collect the spousal benefit of an EX spouse.

[Anonymous]

Anonymous wrote:Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

The 10 year rule is one of the things I'm confused about. According to a response from Google:

"A spouse can become entitled to Social Security benefits based on their spouse's record after a year of marriage, provided the spouse is already receiving retirement or disability benefits."

Both parties in this situation are retirement age

[Anonymous]

Um...this is likely a suggestion that is not in your husband's best interest from an inheritance standpoint. And I'm not even sure she'd be eligible for his SS anyway, being married such a short time? Not sure. Anyway, I think he should stay out of it. But for his sake and his FIL's - he does not need this stress right now. And he might have medical debt she is better off not inheriting. For twenty years, he chose not to marry her. Your husband should leave it be.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

The 10 year rule is one of the things I'm confused about. According to a response from Google:

"A spouse can become entitled to Social Security benefits based on their spouse's record after a year of marriage, provided the spouse is already receiving retirement or disability benefits."

Both parties in this situation are retirement age

Right. And when he passes can get the survivors benefit which will replace her benefit if it’s higher.

[Anonymous]

You don't get to collect your spouse's and your own. Just the higher of the two. Is the difference worth the risks of marriage? Major implications for Medicaid, inheritance, and more. It's a really dumb idea.

[Anonymous]

Anonymous wrote:Um...this is likely a suggestion that is not in your husband's best interest from an inheritance standpoint. And I'm not even sure she'd be eligible for his SS anyway, being married such a short time? Not sure. Anyway, I think he should stay out of it. But for his sake and his FIL's - he does not need this stress right now. And he might have medical debt she is better off not inheriting. For twenty years, he chose not to marry her. Your husband should leave it be.

OP here. +1,000

[Anonymous]

Anonymous wrote:

Anonymous wrote:Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

It’s one year, not ten.

It’s ten

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Don’t you have to be married for 10 years to claim spousal SS?

The inheritance issues can be worked out via a will.

It’s one year, not ten.

It’s ten

Nope, it’s not. My grandmother is collecting spousal SS from her husband who she was married to for 3 years before he died suddenly.

[Anonymous]

This would really screw up the inheritance.