My girlfriend was caring for her disabled brother in her home, she made doctors appointments, filed paperwork with Social Security as well as filing suit when he was turned down for disability. Her brother was unable to do anything for himself, and she took on the daunting task of securing an attorney to have the disability denial overturned.Two years into the suit, the brother died with no Will or tangible estate. He was receiving Social Security benefits and had no solvency at the time of death, and was cremated by the state of Washington. A year after his death, she was contacted by the disability attorney and subsequently testified in court to his state of being at the time of filing. The federal judge sided with her brother and awarded back payment from the time he first applied. How did she go about receiving the judgment, and what paperwork needs to be filed with the state ensuring that the federal fund can be administered to her? Her brother had two sons who like himself are currently heroin addict addicts, and continued cashing your Social Security checks after he had passed away. They did not help their father in any way, prior to his death, he started using again and moved in with one of his sons, making the Social Security check accessible. Just looking for options as she is very deserving of the settlement. Selflessly giving of her time and her meager earnings to the betterment of her brothers living conditions, as well as facilitating care for her brother
I would think the money will need to go in the bank and become part of his estate. GF can become administrator but Probate will determine who inherits.
I too wonder how sons could keep cashing his check. At time of his cremation SS should have stopped. The Funeral home has to tell SS about the death.
Are you saying brother was receiving SS and sued for Social security Disability? You do realize that he will only get the difference between what he got in regular SS and what he would have gotten in disability which would maybe only be a little higher. And if your right that sons cashed a check after he died, SS may clawback that check and the money received will be even less. It all depends on when he passed.
The check deposited monthly is for the month before. So the check I receive in March is February's payment. If I died in Feb, I am not entitled to my March deposit. If I die in March, I am entitled to March deposit but not Aprils deposit.
Good luck.