Will selling property affect my survivor benefits at 64 - income limits based on my age or my late husband's?
I've been receiving survivor benefits since my husband passed away 3 years ago. He never claimed Social Security before he died, and what I get now is based on what he would have received. I'm currently 64 and thinking about selling some family property that could bring in about $62,000 (which is roughly 3 times what I get annually from SS survivor benefits). I know there are earnings limits before FRA, but I'm confused about whose age matters here. Since I'm receiving benefits based on his record, does the earnings limit apply based on what his age would be now (he'd be at his full retirement age) or my current age (64, still under my FRA)? I don't want to unexpectedly have to pay back a full year of benefits if this property sale counts as income! Has anyone dealt with property sales while on survivor benefits?
19 comments


Jamal Carter
I went through something similar last year with mY late wife's benefits. The earnings test is based on YOUR age, not your deceased spouse's age. Since your 64 and below YOUR full retirement age, you'll be subject to the earnings limit ($22,320 for 2025). But heres where it gets complicated - capital gains from property sales are NOT counted as 'earnings' for SS purposes! Only earned income (like wages from a job) counts toward the limit. So you should be fine to sell without any impact on your survivor benefits.
0 coins
Zoe Alexopoulos
•Oh really? That's such a relief! I was so worried about having to pay back benefits. So even though the property sale might result in a large sum, since it's not wages from employment, it won't affect my survivor benefits? That seems almost too good to be true!
0 coins
Mei Liu
The previous commenter is correct. For Social Security purposes, only earned income (wages from employment or net earnings from self-employment) counts toward the retirement earnings test. Capital gains from selling property are unearned income, so they don't count against your earnings limit. However, one important note: if you were regularly in the business of buying and selling real estate, the IRS might consider you a 'dealer' rather than an 'investor,' and in that case, the income could potentially be classified as self-employment income. Based on what you've described, this sounds like a one-time sale of personal property, which would be capital gains and not affect your benefits.
0 coins
Zoe Alexopoulos
•Thank you so much for that clarification! This is just a one-time sale of some family land we've owned for decades. I'm definitely not in the real estate business. This takes such a weight off my shoulders knowing I can proceed with the sale without worrying about my benefits.
0 coins
Liam O'Donnell
My mom had to deal with this when she sold her house after my dad died. The social security office told her not to worry about it cuz its not earned income. So youll be fine.
0 coins
Amara Nwosu
I thought ANY income counted against the earnings limit! I've been avoiding selling stocks for years because I was afraid it would affect my benefits. Now I feel stupid for waiting so long. The SSA really should make this clearer on their website. Is there anything official that says this? I don't want to risk it without being 100% sure.
0 coins
Mei Liu
•It's actually mentioned on the SSA website, but it's not as prominently displayed as it should be. You can find it in their publications about the retirement earnings test. They specifically state that only wages from employment and net earnings from self-employment count toward the annual earnings limit. Investment income, interest, pensions, annuities, capital gains, and other government benefits are all excluded from the earnings test calculation.
0 coins
AstroExplorer
While everyone is correct that capital gains don't count toward the earnings test, I want to make sure you understand that the earnings test for survivor benefits is based on YOUR age, not your deceased spouse's age. Since you're 64, you're subject to the annual earnings limit ($22,320 in 2025), and if you earn more than that from a job, your benefits would be reduced by $1 for every $2 over the limit. Also, be aware that when you reach your own full retirement age, you'll have a decision to make: continue with the survivor benefit or switch to your own retirement benefit if it would be higher. Have you checked what your own retirement benefit would be at your FRA?
0 coins
Zoe Alexopoulos
•Thank you for that reminder. I did check with SSA about my own benefits vs. survivor benefits. My own benefit at my FRA would be about $500 less per month than what I'm getting from my husband's record, so it makes sense to stay with the survivor benefit.
0 coins
Giovanni Moretti
Has anyone here tried calling the SSA to get clarity on something like this? I spent THREE DAYS trying to get through to someone at Social Security last month just to ask about my widow benefits. Kept getting busy signals or disconnected after waiting for hours!!!
0 coins
Fatima Al-Farsi
•I had the same problem trying to reach SSA about my survivor benefits! Then I found a service called Claimyr that got me through to an agent in under 10 minutes. It's at claimyr.com and they have a video showing how it works at https://youtu.be/Z-BRbJw3puU. Saved me HOURS of frustration. I was able to get clear answers about my survivor benefits question immediately instead of spending days trying to get through.
0 coins
Giovanni Moretti
•Really?? That sounds amazing! I'm going to check that out next time I need to call. I have another question about my benefits coming up.
0 coins
Jamal Carter
I STILL dont trust what the SSA says about anything!!! My neighbor got hit with an 'overpayment' notice because they claimed he earned too much while getting SS, but it was from selling his boat, NOT from working!!! He had to fight for MONTHS to get it straightened out. The SSA computers dont know the difference sometimes and then YOUR stuck with the mess!!! Be careful!!!
0 coins
AstroExplorer
•That's concerning and unfortunately not uncommon. The best protection is to keep good records. If the property sale is reported to the IRS (via a 1099-S form), the SSA's computer system might flag it incorrectly. If that happens, you'd need to request a reconsideration and provide documentation showing it was a capital gain, not earned income. It's helpful to keep the closing documents from the sale handy just in case.
0 coins
Liam O'Donnell
Good news about the property sale! Just remember that even though it won't affect your SS benefits, you'll still have to pay capital gains tax on the sale. Hope you've owned it for more than a year so you get the lower tax rate!
0 coins
Zoe Alexopoulos
•Yes, we've owned it for over 40 years, so it should qualify for the long-term capital gains rate. And I'll set aside some of the proceeds for the taxes. Thanks for the reminder!
0 coins
Gael Robinson
I'm new to this community and dealing with a similar situation. My husband passed away last year and I'm just starting to understand all the rules around survivor benefits. Reading through these responses has been incredibly helpful - I had no idea that capital gains didn't count toward the earnings limit! I've been so worried about potentially losing benefits that I've been afraid to make any financial moves. It's reassuring to see experienced community members sharing their knowledge and helping each other navigate these complex rules. Thank you all for taking the time to explain these details so clearly.
0 coins
Leo McDonald
•Welcome to the community, Gael! I'm so sorry for your loss. It's completely understandable to feel overwhelmed by all the rules and regulations - I felt the same way when I first started navigating survivor benefits. This community has been such a lifesaver for getting real-world advice from people who've actually been through these situations. Don't hesitate to ask questions here - everyone is really supportive and knowledgeable. The distinction between earned income and capital gains was something I had no clue about either until I found this group. Wishing you all the best as you work through everything.
0 coins
Hiroshi Nakamura
•Welcome Gael, and I'm so sorry for your loss. This community has been invaluable to me as well when I was first trying to understand all the survivor benefit rules. The whole earned income vs. capital gains distinction was completely new to me too - it's one of those things the SSA doesn't explain very clearly on their website. I've learned more practical information from reading posts and comments here than from all the official publications combined. Everyone here really does look out for each other and shares their real experiences, which makes such a difference when you're trying to make important financial decisions. Feel free to ask any questions that come up - there's always someone who has been through a similar situation and can offer guidance.
0 coins