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George Saenz, the Bankrate.com Tax Talk columnistWidow wants late husband's FICA contributions

Dear Tax Talk,
I am 52 and my husband passed away last month. He was 56. I was told that I can get a refund of his FICA since he has been paying into it for 25 years and won't be using his contribution. Where do I go to find this out and what forms do I need to fill out? Thank you.
-- Terri

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Dear Terri,
My condolences on your loss, but unfortunately there is no refund of the taxes paid. You should notify Social Security of your husband's death. Sometimes the funeral director does this or you can do it by calling (800) 772-1213. There is one-time payment of $255 that can be paid to you.

According to the Social Security Web site:


  • Certain family members may be eligible to receive monthly benefits, including:
    • A widow or widower age 60 or older (age 50 or older if disabled);
    • A surviving spouse at any age who is caring for the deceased's child under age 16 or disabled;
    • An unmarried child of the deceased who is:
      • Younger than age 18 (or age 18 or 19 if he or she is a full-time student in an elementary or secondary school); or
      • Age 18 or older with a disability that began before age 22.
If you do not fall into one of the categories above, there are no other benefits available to you until you reach retirement age. In the final analysis, Social Security is a tax and not an investment.

To ask a question on Tax Talk, go to the "Ask the Experts" page, and select "taxes" as the topic.

Bankrate.com's corrections policy -- Posted: Jan. 3, 2007
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