- April 4, 2024
- Posted by: legaleseblogger
- Category: Related News
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# AI Legalese Decoder: Helping Resolve Issues with Social Security Benefits
## Introduction
This situation may not be the right place to ask, but I am facing a dilemma regarding my late father’s Social Security benefits. He passed away approximately two years ago while still receiving his SS benefits. Despite the funeral home reporting his death to the state, his benefits continued to be deposited into his bank account without our knowledge.
## The Dilemma
I recently discovered this oversight when attempting to close his bank account. Now, I am unsure of the necessary steps to rectify this situation. Should I inform the IRS about this mistake? Is there a possibility of facing repercussions for the continued deposits? Can the Social Security Administration reclaim the money that was mistakenly deposited?
## How AI Legalese Decoder Can Help
The AI Legalese Decoder can assist in deciphering the complex legal language and regulations surrounding Social Security benefits. By utilizing this tool, we can gain a better understanding of the appropriate course of action to take in this scenario.
## Seeking Advice
I would greatly appreciate any advice or insights on how to proceed in handling this issue. With the help of AI Legalese Decoder, we can navigate the legal complexities involved in resolving this matter and ensure that we take the correct steps moving forward.
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SSA can claw back the entire amount, including the deposit in the month he died – there’s a process for a specific survivor to claim his “last check.”
Normally the funeral home, or your county health department (which issues the death certificate) notifies SSA. My wife died on a Wednesday, I called SSA on Friday and they already knew, and warned me not to spend the deposit that landed in her account on Wednesday, that they would be taking it back by the end of the day.
If you haven’t closed the account yet, don’t. Notify SSA and they will tell you what they are going to do about it.
Call the Social Security Administration, not the IRS.
The SSA will walk you through the steps of either returning the funds or will instruct you on who can or how to access the funds.
Yes, they’re going take their money back, and don’t interfere in that process in any way. Call the SSA immediately and tell them everything.
Ignore everyone telling you to put the money in a HYSA. That is a great way to cause a LOT of headaches for you in order to earn a few dollars of interest. Contact SSA, after they’ve delt with it, do what you want with what remains.
>Can they even take the money back?
Of course. All the money his account got after his passing will go back.
I had to leave my Mothers account open until they pulled the checks back. They will eventually come for their money. It’s best to report it to them & get it over now.
When my Mom died in September 2023, the funeral home said they advised Social Security. But her monthly SS payments kept being deposited in her account. I left the money in there, and finally after the third payment I called the local Social Security office and advised them that she was still receiving payments. About a month after that the exact amount of the overpayment was withdrawn from her account and sent back to Social Security. I advise you not to even consider keeping or spending that money, they will figure it out eventually and you’ll be on the hook. Call them and tell them what’s going on. You’ll have to wait on hold for a really long time to speak to a person but don’t give up.
>I’m wondering what the next steps should be?
[Notify the SSA of the death of a beneficiary.](https://www.ssa.gov/benefits/survivors/ifyou.html)
[Local Office locator](https://secure.ssa.gov/ICON/main.jsp)
>Do I tell the IRS?
The IRS is not the SSA.
>Can they even take the money back?
The SSA will require the return of the improperly distributed funds.
https://faq.ssa.gov/en-us/Topic/article/KA-02077
You *need* to inform the SSA asap. They’re going to hit his estate with an overpayment, and they may just withdraw it if there are any accounts still open in his name, but you don’t want to be stuck with the interest because nobody informed them. It’s not up to the funeral home or the state to notify SS, it’s up to the estate. The IRS is also NOT the Social Security Administration.
SSA needs to be notified immediately so no further overpayment occurs.
https://www.ssa.gov/pubs/EN-05-10008.pdf
Follow the steps in this PDF.
SSA will figure it out eventually and claw the money back. Leave the money alone and notify the SSA that you recently discovered this.
Contact the Social Security Administration, not the IRS. They will want every penny back that was sent after his death.
Funeral home should have contacted SSA. You will owe for the month of death and every month since then
That’s surprising when my father died it felt like the government knew before I did and I was with him!
This makes me wonder if my late ex-wife’s greedy family is still receiving her social security checks? She was a foreign national who died in her home country, and I doubt anyone reported the death to the embassy.
Should notify the SSA and await instructions.
For any readers thinking otherwise, it is a federal crime to knowingly keep a recipient’s SSA money after death if not entitled to it. People go to jail for this.
theres a Social Security subreddit with well informed folks. r/SocialSecurity
Not same situation but Nebraska overpaid my sons Covid unemployment,by $11..sent a letter saying he owed the $11….before the month was up another letter came saying they were sending his $11 to collections.
The executor of the estate is responsible for filing his final tax return, that would be trigger for ending the social security.
The funeral home in Idaho didn’t do this for my mom when my dad died — she tried calling to inform them, but that proved impossible. She instead had to schlep herself and the paperwork down to the SS office, wait in line, and talk to someone face to face. It was ridiculous. But it did get done.
Sorry for your loss, even being 2,yrs it has to be hard. Yes the state typically reports immediately once the death has been recorded and checks stop immediately. Just report and make sure to return all funds.
Call the social security office and report his death, you have to give the money back. SSI may be able to withdraw it, but otherwise you can take his death certificate down to the bank, establish that you’re next of kin and get a cashier’s check made out to SSI, they’ll tell you what to do. I’m not sure why you’d need to inform the IRS since he’s dead.
You will need to return the money.
I assume the bank was not informed of his death as otherwise the account would not accept deposits. Yes, you have to inform SSA.
Contact them directly and send all the money back. The fines will be massive if you don’t.
As executor to my father’s estate, one of the first things I did when he died was to notify Social Security of his death.
We had to contact SS shortly after my mom died, that was in Florida. Went to local SS office there. I would not expect any entity funeral home, hospital, etc. to tell SS of her passing.
Note* we did need to take a death certificate and if, newspaper notification of her death to office too.
I called the SSA the day after my mom died. They will ask for all of that money back. They have a link and phone number on their website. 1 call, easy and done.