Social Security From a Divorced Spouse

A divorced spouse may be eligible to receive Social Security benefits based on a former spouse's work record.
A divorced spouse may be eligible to receive Social Security benefits based on a former spouse’s work record.

If you are divorced, there are a number of options for receiving Social Security benefits based on a former spouse’s earnings record. This is true, even if your former spouse remarries. The amount of benefits you receive won’t have an impact on the benefits to which your ex-spouse and his or her current spouse are entitled.

You can claim benefits on a former spouse’s record as long as you satisfy certain criteria. First, the marriage must have lasted 10 years or longer. You must also be unmarried at the time you claim Social Security benefits and be 62 or older. Another criterion is that the benefits based on your own employment record must be less than the benefits you’d receive based on your ex-spouse’s work record. Last, your former spouse must be entitled to Social Security retirement or disability benefits.

You can apply for benefits on your former spouse’s record, even if he or she hasn’t retired, provided you divorced at least two years before applying. If you file as a divorced spouse after your full retirement age, your benefit will be equal to half of your ex-spouse’s full retirement amount or disability benefit.

The same rules apply for a deceased former spouse.

You should know that, if you’re receiving a divorced spouse’s benefits, the general rule is that the divorced spouse’s benefits will cease if you remarry.

For more information on estate planning after a divorce see https://galligan-law.com/estate-planning-life-stages/planning-after-divorce/

Reference: nj.com (June 30, 2020) “I’m divorced. Can I get Social Security from my ex-husband?”

 

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Dividing Personal Items After Death

Many executors wonder how to distribute personal items after a family member's death.
Many executors wonder how to distribute personal items after a family member’s death.

Sometimes, deciding how to divide a family member’s personal items after death can lead to more conflict and bad feelings than dividing up cash and other property.  Many executors wonder how they can do this without causing rifts in the family.

Minneapolis Tribune’s article entitled “A clever way to divvy up items after a parent’s death” describes an unusual plan one family had to divide their mother’s personal property after her death.

According to the article, after their mother’s death at age 93, the co-executors, a brother and a sister, created an inventory of 724 items in her estate that had monetary or sentimental value. These included things like furniture, artwork, oriental rugs, cutlery, china, a piano and a car. They didn’t include their mother’s jewelry, books or linens, or her silver, gold and collectible coins. The four siblings (including the co-executors) all agreed to sell the coins and to deal with the many books, linens,  jewelry, and other items more informally.

The family decided not to follow the usual process of taking turns to choose items they wanted. With so many items, that could take a while. Instead, the co-executors gave each sibling an inventory of their mother’s personal property, with the request that each sibling indicate on the inventory the items he or she wanted. This resulted in the 724 items of personal property being divided into three groups: (a) items in which no one had an interest; (b) items in which only one person had an interest; and (c) those desired by two or more siblings. The items in which no one had an interest were sold or given away. The items wanted by only one person went to that person.

The co-executors then distributed to the siblings a list of the items in which more than one of them had expressed an interest. Each sibling was “given” 500 virtual poker chips that he or she could use to bid for the contested items. However, prior to the bidding deadline, the siblings could talk with one another about their intentions and whether they could come to an agreement regarding specific items. Several of the siblings had bid for items in a general category, such as family pictures, bookcases and oriental rugs. They were able to agree among themselves who would receive which items from those general categories, thus preserving their virtual poker chips for what they really wanted.

After the final bids were in, the co-executors announced who won each item, but, to avoid possible conflict or disagreement on values, they did not reveal how much was bid for each item.

Finally, when all the allocations were determined, the co-executors calculated the value of all the items of personal property received by the siblings and readjusted the estate’s cash distributions to ensure that everyone came out in the same place financially. The most valuable items were a 1919 Steinway drawing room grand piano valued at $25,000; a 2005 Toyota Camry valued at $4,500; and some oriental rugs with a total value of $13,975. Those who got the more valuable items had to pay their siblings something for them, with a total of $17,500 trading hands.

Though it was time-consuming, the process avoided the tensions that sometimes result when personal property is distributed. The siblings involved believed their system was fair and even brought them closer together.

One thing to remember is that you don’t have to leave it to your executor to decide how to divide your personal property. You can leave your executor written instructions on how you wish certain items of sentimental value to be distributed. See https://galligan-law.com/how-a-letter-to-your-executor-or-trustee-conveys-your-wishes/

Reference: Minneapolis Tribune (Feb. 25, 2020) “A clever way to divvy up items after a parent’s death” 

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Things You Should Not Keep in Your Safe Deposit Box

A safe deposit box may not be the best place to keep some items.
A safe deposit box may not be the best place to keep some items.

A safe deposit box isn’t a smart choice for everything. Kiplinger’s recent article entitled “9 Things You’ll Regret Keeping in a Safe Deposit Box” advises that there are some items you might not want to lock away in your bank, which isn’t open nights, holidays, or weekends. During this pandemic, hours of operation for many businesses are reduced. Some financial institutions have temporarily closed some locations. There are other banks that require an appointment for in-branch services, like accessing your safe deposit box. This could create a headache if you’re trying to retrieve important documents or items when you need them.

Here are some items you should store elsewhere, because may need to access them more often or on short notice.

Cash. Keeping a large amount of cash in a safe deposit box isn’t a good idea. If you need it at a time when the bank is closed, you’re out of luck. In addition, the cash may lose its buying power over time because of inflation. You may also find that some banks don’t allow cash in a safe deposit box. Finally, cash in a safe deposit box isn’t protected by the FDIC. To have FDIC insurance (covering up to $250,000 per depositor per insured bank), your cash needs to be deposited in a qualifying deposit account, such as a checking account, savings account, or CD.

Your Passport.  If you need to take an emergency trip, you would not be able to pick up your passport during non-banking hours. If your travel requires a passport, there’s not much you can do about those calls in the middle of the night requiring you to travel immediately.

The Original of Your Will. It may not be a good idea to keep your original will in a safe deposit box because after your death, the bank may require the executor named in your will to obtain a court order to access the safe deposit box. That could mean a long and expensive delay before your will is probated and your estate is settled.

Funeral and Burial Instructions. Many people execute a legal document regarding the disposition of their remains or write a letter of instruction with funeral arrangements to accompany their will. The problem is that, if these instructions are hidden away in your safe deposit box, they may not be read in time to have any effect.

Uninsured Jewelry and Collectibles. Heirloom jewelry and your valuable stamp collection and rare coins are good candidates for a safe deposit box, but they must be properly insured. The FDIC doesn’t insure safe deposit box contents, and neither does the bank, unless it’s stated in your agreement.

Any Illegal or Dangerous Items. Your bank should provide you with a list of items that are not permissible to keep in a safe deposit box. This will include things like firearms, illegal drugs and hazardous materials.

You may also be interested in https://galligan-law.com/does-your-estate-planning-include-your-online-account-passwords/.

Reference: Kiplinger (June 1, 2020) “9 Things You’ll Regret Keeping in a Safe Deposit Box”

 

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