Mom's SS check was direct deposited into our joint checking acct. before she passed. Do I have any recourse?

Question

Mom's SS check was direct deposited into our joint checking acct. before she passed. Do I have any recourse?

Follow

Share

79 Answers

The SS site says, the month that the person dies will not be paid out. So, if the die the last day of the month, they won't get a check the next month even though they lived the whole month. So, since a check received in April is actually for March and if u die in March a check will not be received in April. If it is recieved because, it will be taken back. The person who claims they never saw the death benefit, check with the funeral director. They make SS aware of the death so may have received the benefit to help offset funeral expenses. For those who r upset that the SS was needed to pay bills...if the money is not there, then the bills can't get paid. Its not up to the children or excutor to pay them. I think u just need to prove thereis no money in the estate to pay for debts.

Helpful Answer (0)

Report

Tooyoung, she is wanting the money deposited in April for March's income. Her mother was alive the entire month of March and it is owed to her. Sad that our government is so inefficient and greedy

Helpful Answer (2)

Report

Tooyoung: that is mean.

Helpful Answer (1)

Report

So, you want money from the government for 17 days that your mother had been deceased?

Good luck with that.

Helpful Answer (0)

Report

Almost the same exact thing happened with my mom and they took it all back. That sucks but its the government so what chance do we have. Mom lived til the 27th of July and of course her check was deposited on Aug 3. Took them almost a month but snatched it back which I was afraid they would so I never used any of it for her final expenses. Glad I didn't I would have had to dig up that money which I would not have had. There was supposed to be a death benefit from them but I never saw any of that. Its only like $250.00 but hey it would have helped.

Helpful Answer (0)

Report

AmyGrace you are correct that the check you received in March was for February.

Helpful Answer (1)

Report

I see that the links I included were deleted by the site. But just google and you will see that you are owed her March payment.

Helpful Answer (0)

Report

Now this sounds logical. Your Mom died in March and received check in April? If so she is not entitled to May, its April money. Your Mom wasn't alive in April.

Helpful Answer (1)

Report

The 05/03/16 payment represented benefits for 04/16. Your mother was not alive in 04/16 so that is why the payment had to be reclaimed (snatched back).

Helpful Answer (1)

Report

The same happen to me Momma passed 03/27/16 the check for May 2016 was direct deposit on 05/03/16. It was snatched back on 05/10/16. Let them keep it.

Helpful Answer (1)

Report

When u start collecting they tell u that your check is for the month before so yes, I think it should be kept. But, I have heard that it depends on the day you pass. Your Mom passed before the check was deposited. Its really weird how it works.

Helpful Answer (1)

Report

Sorry for your loss. Just call Social Security 1-800-772-1213 (TTY 1-800-325-0778). They don't bite and can give you the correct answer. Even though SS pays in arrears , you do have to live so many days out of a month and then it will be related to her payment date. Good luck.

Helpful Answer (1)

Report

Don't know about SS, but I do know for a fact that if a person is a Federal Annuitant, it doesn't matter when during the month they die, the entire month has to be refunded to the Government. For example, if the annuity payment is deposited into the checking account on the first of the month (and potentially spent during that month), but the person dies on the last day of that same month, all the payment has to be refunded to the Feds... Just the way it works!

Helpful Answer (0)

Report

No....I just had the satisfaction of throwing it in her face. I told her I wasn't afraid of her and didn't need her money as the rest of these poor souls were in here for. It makes me sick when I see the elderly who are so afraid the government is going to "cut them off" that they will wait for hours and put up with degradation from people such as she. I am assuming she will explain her attitude to God.

Helpful Answer (0)

Report

When I became eligible, I turned 62 in Jan., then Feb. was the qualifying month..... meaning the next month (march) I received the check. That check was payment for Feb. So FOR ME the check I get this month is payment for last month because I survived it! I was told SS does it that way now so they do NOT have to take back money from people. So it would depend on which system someone is on..... I know I am not explaining it right but...
When my husband died the money was not deposited that month, and it should have been. I did get it a few months later, something about it had to be deposited in my name as beneficiary. Sorry I can't explain plainer.

Helpful Answer (0)

Report

Regarding SS checks which were on direct deposit to a bank: Generally they take back the check you got in the month you died, and at a later time issue a death benefit of $250. This seems like a system which should be redesigned to make more sense and yet be fair. I would suggest take back an amount pro-rated for the days you were still alive, and skip the death benefit. Most people would come out ahead and there would be fewer steps and categories.

Helpful Answer (0)

Report

I forgot to mention something:

From what you described, here is what I would do if you ever face this situation again with a joint account. You mentioned you should've been able to keep the last check before Social Security snatched it back. What I would do next time as soon as you learn the person on your account died is go straight to the ATM or to the bank and withdraw all the money, close the current account, and open a new one elsewhere. Keep only the minimum opening amount in the new account until everything is settled, but keep the rest of the cash in a safe place for absolute necessary expenses during this type of emergency, because this is definitely an emergency situation. Sometimes you just have to do what you have to do to get things done and deal with other things later after the top priorities are done

Helpful Answer (0)

Report

There's been so much said on this i'm not sure what's really true and what's not. I heard that Social Security will claw the money back out of the account when they find out the recipient died, but I don't know how true this is. However, you're going to need money to pay the funeral home for the disposition, so I would take whatever money you need for that purpose and deal with everything else later. Usually when someone dies, the top priority is making arrangements and paying the funeral home. I know the next thing to do as a secondary priority is to close the account if you happen to be over the affairs of this person. There are other things that follow such as dealing with any wills and estates the person had, but right now just focus on the final expenses and getting the persons arrangements done. What you want to do now is to see if the person had a preneed set up to help you to know what they want. Preneed prevents any undue burdens on the family, because the family will already have enough to deal with without having to also make funeral arrangements. Right now I wouldn't worry so much about Social Security as I would the funeral arrangements. The funeral is again, ate the top priority over everything else.

Helpful Answer (0)

Report

boquacz is correct. My mother died on April 29th, 2014. Her April Soc. Sec. check had been automatically deposited in early April. In taking care of her affairs, I had to write a check to the SSA refunding the full amount of the April check.

We all need to better inform ourselves about Social Security. I especially recommend the free SSA booklet "What Every Woman Should Know", SSA publication No. 05-10127.

Helpful Answer (1)

Report

I wasn't aware that the check is for the previous month. At first they told me I had to return the check she got in March AND the check that was sent April 1. SS was supposed to redact it. The bank said they never contacted them so I called SS and asked what needed to be done. Of course THEY blamed the bank (govt is great at blaming someone else) They said we owed back one month so I instructed the bank to send back one month. According to what I have read all of you wrote, the check she received in March was actually for Feb so it does not have to go back?

Helpful Answer (0)

Report

Lgebow that's a good idea. I have the same issue with Mom passing on March 30 - so no March check. Its as if they did not exist that month. With this govt though, we seniors are nothing but a burden to them. Why else would they begin to call SS an "entitlement" as if we and our employers never paid a penny into it for 50 years!

Helpful Answer (0)

Report

So sorry about your loss. It is the way it is unfortunately. I had the same issue, and my father died at the very end of the month. Maybe we can ask the politicians that are running for president why?

Helpful Answer (1)

Report

Do not rely on past years' information from the Social Security. Their rules have changed, and at present ANYTIME you die within a month, you do not get to keep that month's pay, and must return it, or they will take it from your account. I am sorry for your loss.

Helpful Answer (0)

Report

Marcus aid and attendance can be used to pay anyone who works for them even a family member as long as it is used to pay for care, id assistance with daily living it is not a correct statment that only healthcare professionals can be paid out of those funds. As long as you have a care contract with a relative they can be paid to provide the care professional or not. Just wanted to clairfy that for all.

Helpful Answer (1)

Report

so...Nancy, did you get the check back?

Helpful Answer (0)

Report

something we did run into as well, however, is the retroactive payment that had been saved had been attached, though; something my dad used to do with his savings when he wanted to buy something; rather than either use his savings and pay cash or finance it, he would finance it through his savings but what we didn't know was that, similar to prorating these checks, the bank wouldn't prorate the savings as you made the payments back; they either attached all or none, so the savings was unaccessible to be used to pay other bills until that entire loan was paid off so that was another issue to be dealt with; the bag thing was the loan was for something that was needed by dad, like a new lawn mower, which was another whole issue

Helpful Answer (0)

Report

When my mother died in CA, a check arrived. I took it to the SSA as I didn't think it belonged to me. This was an eyeopener for me since it was 1980. The room was filled with "old people"....I am now one of them...who looked brow beaten. I walked to the lady at the desk. She angrily said to me: Take a ticket and get in line. Well, "lady" I wasn't about to take that. I just stared her down and said, very loudly and clearly, "Look, I got this in the mail. My mother is dead. She cannot sign her name. I can cash it, tear it up or throw it in your face, but you are NOT treating me as you are treating these fine people waiting for your "services". The entire place rang with applause. I threw it at her desk and left. Thank God, they are not all like that. When my husband and I applied in AZ, they were polite and helpful. If you have any doubts about the check, just ask. You may be able to keep it...you may have to return it. At least I had the "fun" of tearing up a woman who NEVER should have been working there. Good luck. My condolences on the loss of your mother.

Helpful Answer (1)

Report

Had nothing to add to the general discussion, but felt it necessary to respond to the comment by ferris1: Regardless of what day you die on, your monthly payment is paid ahead, so you will have to return that money, or Social Security has every right to get their funds back. Stop whining about a little money, and grieve your mother.

I don't think it's necessary to add a snarky comment to someone who I'm sure IS grieving - quite insensitive. All of this bureaucratic "housekeeping" is unfortunately part of the process for those left behind following a death. Have you considered that maybe the last tribute GG1790 can give her mom is to tie up all the loose ends? I'm sorry, GG1790, for your loss. Thanks for asking a question that maybe others had as well.

Helpful Answer (3)

Report

And I think that's why I returned dad's retirement check but then turned out they had different rules so he could have had it so they returned it

Helpful Answer (1)

Report

Our paperwork from SS states that if the recipient dies in any part of a month there is to be no check for that month, and if one is issued it must be returned. Sorry for the loss of your loved one.

Helpful Answer (0)

Report

1 2 3

This question has been closed for answers. Ask a New Question.

Mom's SS check was direct deposited into our joint checking acct. before she passed. Do I have any recourse?

79 Answers

Recent Questions

Popular Questions

Related Questions