• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

payments despoited 48 hours before a persons death

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wonderinginfl12

Junior Member
What is the name of your state (only U.S. law)? florida

my father in law recieved disability payments the third of every month. his daughter in law was on his checking account to pay his bills only, she has never despoisted nothing into the account of her own money. on the third of october my father in law was on life support and unable to commuciate. he sadly passed away the fifth of october. the money that the state deposited into his account to pay his bills for the month of october she took out and spent paying her own bills. now my husband is excuator of his fathers estate and his bills for the month of october were not paid out of this money and we have had to pay them. i was wondering how she can spend someone else state disability money for themselves. was it suppossed to go to the estate upon his death snice it was despoited into his account so soon before he passed and it was for his bills not hers. please all advice is welcome
 


BL

Senior Member
If the death of a person receiving disability benefits occurs within the month of the check , the next months check ( if received ) has to be sent back .

SSA needs to be notified .

As was asked ,what did SSA say when asked about another person's personal use of that months check ?

My guess is SSA will do nothing since her name was on the account .

The executor of the estate should seek the money from the DIL.

Since a lawyer is most likely involved , the lawyer should protect the estate.
 
Last edited:
excuse me,but last i knew the money a person gets for SS or SSD or SSI is for the previous month,,,,like when a working person gets paid its for the previous week (or 2 weeks if they get paid bi-weekly)
 

Isis1

Senior Member
excuse me,but last i knew the money a person gets for SS or SSD or SSI is for the previous month,,,,like when a working person gets paid its for the previous week (or 2 weeks if they get paid bi-weekly)
i've got to admit, i don't think you are right at all.
 
so then if you start work on monday and work through till friday they pay you on same friday for 40 hrs? dont think so
a person on SS or SSD has to be alive for the entire month (meaning that if said person dies at
11:59 on the 30th (or 31st depending on the month) then the check that would come in on the 3rd of following month (3 days later) would have to be sent back.
 
Last edited:

BL

Senior Member
excuse me,but last i knew the money a person gets for SS or SSD or SSI is for the previous month,,,,like when a working person gets paid its for the previous week (or 2 weeks if they get paid bi-weekly)
Depends on the type of benifits .
 
i've got to admit, i don't think you are right at all.
Disney is exactly right. You are paid after the benefit month ends.

That said, if no one notified ssa that the beneficiary died and the 11/3 payment came through, they want it back. They don't pro-rate either, so whether you die on the first or last of the month that month's money - which comes in the next month - is owed back in full.
 

BL

Senior Member
Since it's received on the 3rd , the payments would be for SSDI ( disability ),as follows:

Are benefits paid for the current month?

Answer
The Social Security Administration pays benefits under two Titles of the Social Security Act. Social Security Retirement, Survivors, Disability, and Medicare benefits fall under Title II of the Social Security Act. These benefits are paid in the month after the month for which they are due (e.g., May's benefits would be paid in June).
Generally, the day in the month on which you receive your benefit depends on the birth date of the person on whose record you receive benefits.

For a schedule of benefit payment dates, see Schedule of Social Security Benefit Payments.

Supplemental Security Income payments are made under Title XVI of the Social Security Act. These payments are issued in the month they are due and are generally paid on the first of the month (e.g., May's payment would be issued the 1st of May).
 
Last edited:

Onderzoek

Member
Morally, she is a thief. I am guessing he added her to the account as a joint owner and they had an agreement she would write checks for him to pay his bills. However, legally, your father-in-law gave her full access to his money by making her a joint owner. Would a court decide that she didn't have the right to spend money in a joint account in any manner she chooses? You may have to go to court to find out.

It is not a Social Security matter. He is entitled to the check that is issued in the month of death. She is not responsible to the Social Security Administration for how the money is spent since she is not named his representative payee.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top