Legal Question in Social Security Law in West Virginia

Re: Social Security Fraud

I don't know what legal responsibility the children have for their parents funeral bills in West Virginia. In Texas, the children have no legal responsibility and the funeral director would be in violation of consumer laws to attempt to collect. Consult a consumer law attorney in WV for the funeral director's conduct.

Re: Social Security Fraud

You have two issues here, one concerning SSI and the apparent need for a representative payee for your mother and the other the question of liability for a funeral bill for your father.

First: Your mother may need a representative payee to receive her SSI payments and to be responsible for garanteeing that the money is used appropriately for her benefit. But that is a matter for the Social Security Administration to consider. If you notify them that she doesn't appear to be responsible, they may investigate. But your mother does have a certain right to make decisions about how she spends her SSI income.

Second: You don't say who, if anyone, signed an agreement with the funeral director guaranteeing payment for the funeral costs. Generally children are not responsible for a parent's funeral expenses, but if one or more of the children guaranteed payment, they are. Did your mother guarantee payment? If so, was she mentally capable of knowing what she was doing? Someone in your family needs to consult with a West Virginia attorney to find what legal obligations exist, if any. I can understand the funeral director being angry if he is not paid, but he does not have a right to demand payment from people who are not legally obligated to pay.