Legal Question in Wills and Trusts in Maryland

widow denied deceased husband's retirement and social security benefits

my husband died on 4-9-09, i have been denied his pension benefits and his social security benefits and have no way of paying my bills sense i am disabled with no income. there reasoning is that me and my husband only been married for 7 1/2 years. also am i entitled to any of the property my husband bought why we were married and if so how do i aquire said property sense he had no living will ?


Asked on 4/16/09, 7:59 pm

2 Answers from Attorneys

Re: widow denied deceased husband's retirement and social security benefits

If you were not divorced from your late husband at the time of his death it does not matter how long you were married at the time of his death. If you were divorced then you needed to be married to him for 10 years or more to qualify for his social Security benefits.

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Answered on 4/16/09, 10:51 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: widow denied deceased husband's retirement and social security benefits

I need to know your period of disability and work history to properly respond to your inquiry about disability benefits under Social Security.

If you are disabled without any qualification under Social Security there may be other benefits available to you.

You do not mention your age which determines whether you may assume benefits through social security. The pension benefit may or may not be vested with survivorship.

Property not otherwise bequeathed is subject to probate which occurs through or in absence of a Last Will and Testament.

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Answered on 4/16/09, 11:55 pm


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