Legal Question in Social Security Law in Florida

my father in law recieved social security disability benifits. he recieved them the 3rd of every month . in the month of october he was in icu at the hospital on the 3rd. he than sadly passed away on the 5th. his social security benifits were despoited into his account. the money was than spent by others members of the family for there pesonal use. i would like to know snice my husband is excautor of the estate is the estate entilited to his payment for that month to pay his bills because he passed so soon after the money was despoited for that month and that money was for his bills that month. if so what are our options to try to get help? [email protected]


Asked on 12/13/09, 8:47 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

I'll assume that your father-in-law passed away in Florida. When a Social Security disability income recipient dies in the middle of the month, the recipient is not entitled to payment for that month. The law requires that Social Security be notified immediately, and that the money be returned. The family members who spent the money must return the money so it can be sent to Social Security. Your husband, as the personal representative (executor) of the estate, is responsible to pay your father-in-law's bills from any money that exists in the estate, but the Social Security money for the month in which your father-in-law died cannot be used to pay those bills.

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Answered on 12/22/09, 8:31 am


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