This package contains essential legal documents for Newly Widowed Individuals who desire to organize their Legal Life. The documents in this package are state specific and include the following:
1. An Heirship Affidavit
2. A General Power of Attorney effective immediately
3. A Revocation of Power of Attorney
4. Living Will/Advance Health Care Directive
5. A Personal Planning Information and Document Inventory Worksheet
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California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).
Widow or widower, full retirement age or older100 percent of your benefit amount. Widow or widower, age 60 to full retirement age71½ to 99 percent of your basic amount. Disabled widow or widower, age 50 through 5971A½ percent. Widow or widower, any age, caring for a child under age 1675 percent.
California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).
Spousal benefits are based on a living spouse or ex-spouse's work history. Survivor benefits are based on a deceased spouse or ex-spouse's work history. The maximum spousal benefit is 50% of the worker's full retirement age (FRA) benefit.
Widow Or WidowerReceive full benefits at full retirement age for survivors or reduced benefits as early as age 60. If you qualify for retirement benefits on your own record, you can switch to your own retirement benefit as early as age 62.
In most cases, a widow or widower qualifies for survivor benefits if he or she is at least 60 and had been married to the deceased for at least nine months at the time of death.If you are caring for children from the marriage who are under 16 or disabled, you can apply at any age.
Widows and widowers Generally, spouses and ex-spouses become eligible for survivor benefits at age 60 50 if they are disabled provided they do not remarry before that age. These benefits are payable for life unless the spouse begins collecting a retirement benefit that is greater than the survivor benefit.
A surviving spouse can collect 100 percent of the late spouse's benefit if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claimed benefits before he or she reached full retirement age.
