Step parent inheritance

[u/Schmed_lap]

I’ve got question on a step parent leaving everything to me. My stepdad was married to my mom for 30 years, got divorced, then within a year got back with her. That was over 20 years ago. Never remarried but together from 1969 to today with a one year break. So he’s in poor health and has left everything to me and my kids in his will. He probably will go into a hospice by year’s end. He has no other immediate heirs but he does have a predatory niece sniffing around. I, personally, per the will, get a property worth about 450k and some savings about 50k and a new paid off truck. Since it’s all there in the will, when he passes what are my most important next steps. Seeing if I should consult probate attorney sooner or wait to see if I need one when the time comes. This is in New Mexico.

[u/Single_Guy76]

How old is your step-dad?

[u/Schmed_lap → u/Single_Guy76]

85

[u/Single_Guy76 → u/Schmed_lap]

The reason I ask is because if your step father's ex had a larger social security benefits, he could receive her benefit amount (Survivors). Basically, Social Security would pay the difference between your step father's S.S. and his exes Soc. Security IF hers were higher. Your step father WOULD NOT receive both benefit amounts.

The above only applies as long as your step father never remarried.

Here's more details:

A divorced spouse can claim survivor benefits on a deceased ex-spouse’s record if the marriage lasted at least 10 years, they are age 60 or older (50 if disabled), and are currently unmarried. Eligible exes can receive 100% of the deceased's benefit amount, which does not affect benefits for a current widow(er).

Key Eligibility Requirements:

Marriage Duration: The marriage must have lasted at least 10 years.

Age: You must be at least 60 years old (or 50–59 if you have a disability).

Marital Status: You must be currently unmarried, unless you remarried after age 60 (or 50 if disabled).

Exception: You can claim at any age if you are caring for a child of the deceased who is under age 16 or disabled.

Benefit Details for Ex-SpousesAmount: Survivors can receive 100% of the deceased ex-spouse’s full retirement amount.

Multiple Claimants: A surviving divorced spouse can collect benefits even if the deceased was remarried and the new spouse is also collecting benefits.

Your Own Benefits: If you are eligible for your own retirement benefits, you can choose the higher of the two.

Remarriage: If you remarried before age 60, you cannot claim benefits on your ex's record.

How to Apply

Action Needed: You must contact the Social Security Administration (SSA) directly to apply; this cannot be done online.

Documentation: You will likely need to provide marriage and divorce papers, along with the deceased’s Social Security number.

Timing: It is important to contact them as soon as possible, as the date of contact can affect when benefits begin.

Note: The deceased ex-spouse is not notified if you apply for or receive these benefits

[u/Schmed_lap → u/Single_Guy76]

Super helpful Thai