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  1. #1
    wonderinginfl12 is offline Junior Member
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    Exclamation payments despoited 48 hours before a persons death

    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
  2. #2
    Isis1 is offline Senior Member
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    when your husband reported the death to social security and told them, what did they say?
  3. #3
    disneykid52 is offline Member
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    the money that is deposited on Oct 3rd is for the month of Sep.
  4. #4
    BL
    BL is offline Senior Member
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    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 by BL; 12-13-2009 at 01:30 PM.
  5. #5
    disneykid52 is offline Member
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    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)
  6. #6
    Isis1 is offline Senior Member
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    Quote Originally Posted by disneykid52 View Post
    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.
  7. #7
    disneykid52 is offline Member
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    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 by disneykid52; 12-13-2009 at 01:43 PM.
  8. #8
    Isis1 is offline Senior Member
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    Quote Originally Posted by disneykid52 View Post
    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
    SSA doesn't work in that same manner.
  9. #9
    disneykid52 is offline Member
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    Quote Originally Posted by Isis1 View Post
    SSA doesn't work in that same manner.
    SSA is not for the month you are living in. it is for the previous month you stayed alive. care to make it interesting?
    Last edited by disneykid52; 12-13-2009 at 01:55 PM.
  10. #10
    BL
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    Quote Originally Posted by disneykid52 View Post
    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 .
  11. #11
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    Quote Originally Posted by Isis1 View Post
    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.
  12. #12
    disneykid52 is offline Member
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    Yes!!!!!:d
  13. #13
    Isis1 is offline Senior Member
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    Quote Originally Posted by BL View Post
    Depends on the type of benifits .
    i'll defer to BL.

    goddess has been wrong quite a bit. so i'll wait for BL to confirm when OP confirms what type of benefits.
  14. #14
    BL
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    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 by BL; 12-13-2009 at 07:42 PM.
  15. #15
    Onderzoek is offline Member
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    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.

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