How Can Social Security Help With Estate Planning​ in Louisiana?

Many seniors ask, “How can Social Security help with estate planning in Louisiana?” It can have a significant role in helping you meet your retirement and asset goals. However, it could also result in additional financial and legal problems if you do not properly account for this income within your estate plan.

Your Experienced Estate Planning Attorney in Louisiana

At Field Law, we only work in estate law. This has many aspects, but estate planning is one way we assist our clients in preparing their loved ones for the future. Our experience and attention to detail benefit our clients in everything we do.

Strategies for Using Social Security Benefits in Estate Planning​

Even though many people are expecting Social Security benefits, they often do not know how to use them most effectively. Some important tips include:

  • When to claim benefits. The Social Security Administration (SSA) has a full retirement age. Once you reach this age, you can receive your full amount in monthly payments. However, the longer you wait, the more you can get. You can obtain slightly more benefits if you wait until age 70.
  • Other accounts. Many people have multiple retirement accounts. These should be considered along with Social Security payments. If you want to delay Social Security payments, you can instead take money from other retirement accounts until you can receive your maximum benefits. Doing this strategically can also avoid taxes.
  • Verify survivor benefits. Social Security benefits are not inherited, like other assets. However, it does include survival benefits. These apply if there are minor children involved or if a surviving spouse receives a lower amount. Reviewing survivor benefits along with your entire estate can help you obtain as many benefits as possible.
  • Representative payees. Some people think that, once they grant someone power of attorney to access their finances, they can also claim their Social Security benefits. However, this is not true. For someone else to receive these payments on your behalf, they must be designated as a representative payee.
  • Dependents. People who are dependent on you, like those under 18 or with disabilities, can also benefit from Social Security. Some estate planning tools can specifically address these kinds of situations. With accounts like special needs trusts, you can make sure your dependents are provided for without affecting their ability to receive government funding.

There were over 3.2 million phone calls to the SSA handled by an agent in October 2025 alone. Instead of struggling through self-service options or waiting on the phone, an attorney can more efficiently explain your options.

Why Hire an Estate Planning Lawyer?

Social Security is not automatically granted; you must apply for it. Because of this process, it is possible to make mistakes that place limits on what you can receive. This can have negative impacts on your family and their quality of life.

An estate planning lawyer might not be needed for every situation, but those with many complicated details might benefit from speaking to an attorney.

If you are married and your spouse is similar in age, you can ask an attorney when to claim benefits so that you can use survivor benefits when possible. If you are divorced, this history might affect your Social Security payouts in a way that benefits from having legal attention.

If you are initially unsuccessful in applying for Social Security or disability, an attorney can help you successfully reapply or appeal a decision previously made. This can help your dependents receive essential income to protect their well-being. Additionally, an attorney can explain additional strategies, like special needs trusts, to better safeguard your loved ones’ interests.

Why Choose Us for Estate Planning Cases?

Field Law is seasoned in Louisiana estate planning laws, but we are also experienced in explaining their details. We can go over your options as well as work through your estate planning and Social Security issues. Our firm can help you prepare for your retirement in a way that benefits both yourself and your loved ones in the future.

FAQs

Q: How Can Social Security Help With Estate Planning?

A: Social Security can help with estate planning by providing extra income if you contributed to it while you were working. This administration also provides disability benefits if you cannot work. If you die, it is also possible for your immediate family to receive survivor benefits from Social Security. Consult an estate planning lawyer to learn more about your unique situation.

Q: Are Social Security Benefits Part of an Estate?

A: Social Security benefits are part of an estate because it is income that is received every month. At what age Social Security is taken can impact how much you get. This income can also affect how much you may owe in taxes, along with other assets in your estate plan. That’s why it is important to consider Social Security benefits as part of your estate.

Q: Can Someone With a Power of Attorney Access the Beneficiary’s Social Security Funds?

A: Someone with a power of attorney cannot access the beneficiary’s Social Security funds if they are not deemed a representative payee. This is a term used by the Social Security Administration to identify a person or party that is authorized to receive someone’s Social Security benefits for them. The process of becoming a payee is different from that for establishing power of attorney.

Q: Do I Need to Speak With a Lawyer If I Receive Social Security Benefits?

A: You need to speak with a lawyer if you have questions about your Social Security benefits and how they fit into your overall estate plan. Certain situations can reduce your Social Security payments or increase your tax obligations. Consulting a lawyer about this ahead of time can prevent you from paying more than you have to.

Create a Plan That Accounts for Social Security

Over 70 million people in the United States receive Social Security benefits. However, many people do not think about these benefits when creating their estate plan. To learn more about how to use these benefits to improve your estate plan, schedule a consultation with Field Law today.

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Field Law is based in Baton Rouge, but we serve clients throughout Louisiana. We are also pleased to work with clients outside the state on matters related to Louisiana estate law and successions.

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