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I'm executrix, need help quick with Social Security!

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Tass23

Junior Member
What is the name of your state? NC
My problem is this. My father, who was receiving Social Security, died in May of 1996. When he died, my Mom started collecting widow's benefits. She passed away 5 months ago. I'm executrix of her "estate". Small amount of money in estate account, small house and small amount of household furnishings and all personal property willed to me alone. Opened the will Dec. 1st. On Jan. 6th, I received a notice from Social Security saying Mom had been overpaid by them since May of 1996 to the sum of $3,100.!!! She had NO idea of ANY overpayment and neither did I. I almost had a heart attack as I knew the only debts she had were medical. I immediately called the nearest S.S. office. The girl asked me if there was an estate. I said yes and told her how much was in the estate account but didn't get to tell her about the house/property. The amount she had in the bank wasn't enough to pay the overpayment and the girl said she'd take care of it, not to worry. I thought very little more about it and then in late March I received another notice from Social Security saying she was overpaid $3,800. instead of the previously stated amount of $3,100. and I had until April 1st to pay it. I have been to the S.S. office twice more with no results. I was told twice not to worry. Then came yet a third letter from S.S. giving me amounts that Mom SHOULD have been collecting and amounts that she WAS collecting dating from May of 1996 until she passed away. IF in fact, she was being overpaid, then why in the world wasn't this gross mistake found sooner? A LOT sooner?? Don't they audit their records and accounts?? She trusted THEM to send her the correct amount on her checks and then eventually by direct deposit! And each year, they sent her statements, saying how much more she'd be paid. I know because she saved all of them. Not one part of this is her fault or mine!! S.S. says if there's not enough in the estate, then I'm personally liable for the amount. My Mom went to her grave thinking she'd taken care of everything. Can they do this to me?? My husband receives S.S. Now I'm worried that if anything ever happens to him, they'll do this all over again!! How can they do this? Wait for almost 10 years before they spot a mistake or say anything. We're not talking weeks or months here, it's YEARS! I'm still in shock and needless to say, deeply worried. I'm not sleeping for worrying over this. I don't know what to do next. On my last visit to S.S., I said I thought I neeeded a lawyer. Do I??? Would it even help any or can they just demand money like that with no proof of their mistakes, etc.?? Thanks in advance.
 
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Y

Your Post Sucks

Guest
Tass23 said:
What is the name of your state? NC
My problem is this. My father, who was receiving Social Security, died in May of 1996. When he died, my Mom started collecting widow's benefits. She passed away 5 months ago. I'm executrix of her "estate". Small amount of money in estate account, small house and small amount of household furnishings and all personal property willed to me alone. Opened the will Dec. 1st. Jan. 6th, I received a notice from Social Security saying Mom had been overpaid by them since May of 1996 to the sum of $3,100.!!! She had NO idea of this gross overpayment and neither did I. I almost had a heart attack as I knew the only debts she had were medical. I immediately called the nearest S.S. office. The girl asked me if there was an estate. I said yes and told her how much was in the estate account but didn't get to tell her about the house/property. The amount she had in the bank wasn't enough to pay the overpayment and the girl said she'd take care of it, not to worry. I thought very little more about it and then in late March I received another notice from Social Security saying she was overpaid $3,800. instead of the previously stated amount of $3,100. and I had until April 1st to pay it. I have been to the S.S. office twice more with no results. I was told twice not to worry. Then came yet a third letter from S.S. giving me amounts that Mom SHOULD have been collecting and amounts that she WAS collecting dating from May of 1996 until she passed away. IF in fact, she was being overpaid, then why in the world wasn't this gross mistake found sooner? A LOT sooner?? Don't they audit their records and accounts?? She trusted THEM to send her the correct amount on her checks and then eventually by direct deposit! And each year, they sent her statements, saying how much more she'd be paid. I know because she saved all of them. Not one part of this is her fault or mine!! S.S. says if there's not enough in the estate, then I'm personally liable for the amount. My Mom went to her grave thinking she'd taken care of everything. Can they do this to me?? My husband receives S.S. Now I'm worried that if anything ever happens to him, they'll do this all over again!! How can they do this? Wait for almost 10 years before they spot a mistake or say anything. We're not talking months here, it's YEARS! I'm still in shock and needless to say, deeply worried. I'm not sleeping for worrying over this. I don't know what to do next. On my last visit to S.S., I said I thought I neeeded a lawyer. Do I??? Would it even help any or can they just demand money like that with no proof of their mistakes, etc.?? Thanks in advance.

So, what do you want us to do about it? There's nothing we can do.

Deal with it.
 
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ladybg1

Member
1st off--You personally are not responsible for paying this-the estate would be. Like anyone else trying to collect money--that is a scare tactic. It would probably be a good idea to consult with an attorney--one who specializes in dealing with the SS. Just because they "say" you're Mom owes this, doesn't make it true.
You are lucky that your mom kept all the statements--I'm sure that will help fight this.
Good luck-just because it is the government-doesn't mean they always win either.
 

Dandy Don

Senior Member
Stop losing sleep over this.

YOU CAN NOT BE HELD PERSONALLY RESPONSIBLE as executrix or as surviving relative for a debt owed by your mother's estate and SSA is only jerking you around to aggravate you.

The amount will have to unfortunately remain unpaid and if they contact you again just explain to them that the estate has nothing left. Don't argue with the SSA employee just be polite and firm. If they try to put this amount on your credit report, get a debt/collections attorney to dispute it and if they won't take it off you have a right to collect financial damages. This is THEIR mistake but they are too stupid to give up on it when they know they are on the losing side.

If they send you correspondence about it, consult with an attorney who has experience in dealing with Social Security matters and he may know how to protest or appeal your situation so that they won't continue to bother you about it.

DANDY DON IN OKLAHOMA ([email protected])
 

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