Legal Question in Social Security Law in California

My Mom died on June 28th. Her Social Security check was direct deposited to her account on July 3rd. I was always told that when she passes, pull almost all of the funds from her bank accont becasue most likely, they will put a hold on her account. So when she passed away, I withdrew the funds form her account to recover the funds I put forth for her cremation. Now, I'm getting a notice from the bank saying that she was not entitled to that check becasue she died on the 28th and that I need to make payment arrangements for the funds that were withdrawn. Do I need to do this? She and I were on another account in the same bank together, so I transfered the funds to the other account. What do I need to do now?


Asked on 9/16/10, 1:02 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

You need to confirm whether the check was for the coming period or for the period just past. If the former, which I suspect is the case, your mother as a deceased person would not be entitled to the check. Her estate would be entitled to death benefits in some cases, but this is a different matter. It is perfectly proper for the bank to ask you to pay them back as they no doubt already have paid the government back. It does not matter what you used the money for. The money did not belong to you. The money was sent because the government assumed mother was alive. Pay it back. You will NEVER escape paying this back.

Read more
Answered on 9/22/10, 8:46 pm


Related Questions & Answers

More Social Security Law questions and answers in California