Legal Question in Social Security Law in New Hampshire
Social Security
58 yr old man just died; 1 daughter; lived in diff states-NH & GA. In early Mar., man rec'd approx $22K ''settlement'' check from Soc Sec owed to him for approx. past 1 1/2 years; became incapacitated simultaneous to rec'ing check (was in his wallet when taken to hosp., probably not coincidental as he was having issues that could have possibly been avoided or at least mitigated had he rec'd the support when 1st needed more than a yr ago.) After dealing w/ dr's & speaking by tel. w/ dad long-distance for 6 wks, daughter, w/ financial assistance from friends & personal savings finally gets to hospital when it becomes clear death imminent. She could have cashed check as he was still alive but she did not, instead spent time w/ dad as visit time was limited (single mother, in school & PT job) assumed could use settlement to pay back those who helped her out & funeral expenses. Is she out of luck because she did not deposit/cash check for him when alive? Had Soc Sec settled when issues first arose, there would have been no prob - month to month payment - so this does not seem to be a clear-cut return-the-check matter. Should daughter retain an advocate to deal w/ SS over being able to keep settlement? Thanks in advance.
1 Answer from Attorneys
Re: Social Security
Of COURSE daughter should retain an advocate.
Social Security owes the debt, but now it owes it to the estate. You should get the estate moving right away in the state of the man's last residence. You should also call social security and advise them of the death. They will want a copy of the death certificate. The benefit payable will be up to them -- welcome to Federal law -- but what was his before his death should be his estates after his death.
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