Social Security Check

[terminatedone]

What is the name of your state (only U.S. law)? PA

a social security check that was owed to my dad was received by my brother and cashed. dad died and brother signed his own name (not dads) on the back of the check and deposited it. according to social security that money should be given to all surviving siblings**************....there are 6 of us. can my brother be in trouble for signing his name on the social security check? and also what about the bank for allowing him to do that? should i report the bank too or will social security take that into consideration? brother did have power of attorney but that stopped soon as dad died.

 

[Onderzoek]

What your brother did was forgery and fraud. Generally, the US Treasury will reclaim the funds from the bank who cashed a check issued to a deceased person. The bank will generally then take all the funds back from the forger's bank account.

Was this a regular monthly Social Security (not SSI) check issued the month after he died or the month that he died? He would not be eligible for a check issued for the month after death. If this was money due for earlier months, then it would be considered an underpayment and once the funds are returned, SSA can issue them to the children once the children have all submitted the proper form, SSA 1724.

This may take many months.

 

[terminatedone]

dad died on 2/2 and the check was for the month of january. according to social security is that they pay you a month behind. so the check that was issued on 2/2 was for the month of january. i had reported it and received a copy of the check which shows brother signing his own name on the back of the check and it appears the bank put a stamp on the check 'for deposit only'. so the bank was wrong in accepting the check. i had received a form and i have to complete it and send it to social security. now here is the strange part, they are asking that i send in a copy of dad's signature. how obvious is it that they know dad died on February 2nd and that the name on the front of the check does not match the name on the back of the check. let alone the check was issued on 2/2 and according to the bank date on the back of the check is 2/7.

can i sue or go after the bank for honoring this check?

 

[Onderzoek]

I think your brother could make an argument could be made that your dad signed it before he died on 2/2 and your brother just deposited it 5 days later Doesn't make it legal or not fraudulent. Follow through with the request from SSA and Treasury. Keep copies of everything. Submit all documents to SSA that they ask for.

If you don't get administrative satisfaction, filing a small claims suit is an option. If he doesn't have the money to pay, you still may not get your percentage. I am guessing that neither you or your siblings can convince your brother to do the right thing, but you should at least make try and keep track of what you say and do and how he responds.

A lot of trouble for 1/6th of something you were due, but it's the principle of the thing, no doubt.

 

[terminatedone]

i am assuming you did not read this correctly or i did not specify correctly. DAD did not sign(george smith). Brother signed his name (joe smith) to the back of the check. george is my dad and my brother is joe. the check was made payable to george, but joe did not sign it as george he signed it as his own name joe smith and then deposited the check. also, no argument can be made if dad died on 2/2 and the check did not show up at the house till at least 2/5 or 2/7.....

now is that fraud? also can i go after the bank for honoring a check like that?

 

[Onderzoek]

Would whatever court you file suit in consider you to have standing, the legal right to pursue this? Way too complicated for my limited legal knowledge.