Follow
Share

My father died a few days ago and I went to the ATM tonight and pulled the money off of his direct express card to take care of some expenses. Is this illegal? What will happen? Should I contact social security? Need help please!

This question has been closed for answers. Ask a New Question.
Yes. But the funeral co. may have done it. Check anyway.
Helpful Answer (0)
Report

Private1: Don't close out her bank accounts until you file that year's income tax returns, assuming that she had reportable income, including interest income and qualified and ordinary dividend income, etc.
Helpful Answer (0)
Report

Actually, the social security check for the month of death (even if they die on the last day of the month) must be returned to social security and will be taken back out of the account. A small death benefit (about $250) will arrive at a later time. Seems like it makes no fair sense, but it is what happens.
Helpful Answer (0)
Report

What you could do if you happen to be a trustee or co-owner on that account is to go into the bank and immediately close the account right after your loved one's death. You would then use the money to pay the funeral home because this is a much higher priority. There's always probate for the estate, and if you must repay anything to social security, it can very easily come out of the estate.

If you're not on the account, you want to act as fast as possible to get a copy of the death certificate to take to the bank. Take any identifying information required to close the bank account. You can then take the money and still go pay the funeral home and focus on the estate after it goes through probate. This is what I would've done had my surrogate dad not gone into a nursing home. I was fortunate enough to be a co-owner of the account, and had he died, I could've closed the account and paid the funeral home. If a copy that certificate would've been necessary, I would've gotten it at the time of closing the account.
Helpful Answer (0)
Report

The SS check received on the month of the person's decease is okay to keep. After that, it is not.
Helpful Answer (0)
Report

Short answer: I know this sounds freaky and all, but SS probably already knows.

When we made funeral arrangements for Mom (she died Oct. 27 of last year) the funeral director asked for her SSN and did the notification. Standard operating procedure, I guess. Her check arrived via direct deposit on the 3rd per normal, but we didn't touch that money. Sure enough, SS snapped it right back a few days later. As far as the money that was paid while she was still alive, that was okay to use.

If the direct deposit hasn't been reversed within say, a month, might be necessary to notify SS like Zombie said. For sure, don't use any money that is paid after your Dad passes.
Helpful Answer (0)
Report

Social Security should be notified as soon as possible. There is a small benefit payment from them to his estate but there is a time limit to file for that. If you don't file for it in time, it will be lost. You are obviously on his account or you wouldn't have been able to withdraw the money right? If you were not on his account you aren't entitled to the monies you withdrew until a court names you the administrator/administratrix of his account and then you can spend it on HIS expenses. Check your state policies though; some states are different in the way monies are handled. Don't close the accounts until you are certain all checks have come in, bank fees are paid and tax returns have been filed. It's easier to pay his final bills with his account than yours. Be sure to search for wills, insurance policies, etc. to tie up any loose ends. If he was in a union, there may be a death benefit from them to his heir as well. Most credit cards offer a death benefit if the cardholder paid for the insurance thru them so check all cards to see if he had paid for an insurance policy. Good luck and my condolences with your loss.
Helpful Answer (0)
Report

SallySee - as the executor you have the right to pay all bills before distributing the remaining money to the people listed in the will - in fact most wills state this. Again, keeping receipts, etc. is important.
Helpful Answer (1)
Report

communication with the proper organizations doesn't always happen. I know someone who kept on cashing the SS checks long after their mom passed away. totally wrong, not to mention illegal. I pointed that out but they didn't care and felt it was the govt's place to figure it out!
Helpful Answer (0)
Report

Right! I forgot that POA expires at death.
Helpful Answer (0)
Report

make that outstanding bills.
Helpful Answer (0)
Report

Social Security will be notified but it never hurts to notify them. Unless you are the executor of the estate what you did is not allowed by law, all assets are to be frozen at time of death. If you have a POA it is NO LONGER in affect, the estate takes over and will be responsible for paying any understanding bills. Also remember that any money your father received from SS for the month of his passing will be pulled back by SS.
Helpful Answer (0)
Report

Llamalover and blond, I honestly don't think it's that serious. It's one SS check, which he was probably entitled to anyway. By saying people are "not allowed" to this or that, it implies that some governing body has the time or inclination to look into it. I really don't think they care. When my mom dies, I'm closing her account because it will no longer need to be open. It's joint, so I'm pulling the money out and using it to pay her final expenses. It's not my job to make things easy for the government. It's not fraud that the heir took the money. It was his at that point anyway. It is fraud only if he keeps money his dad was not entitled to. But at that point the onus should be on the government not to issue SS checks to people who have passed. If it needs to be paid back, it will be paid back.
Helpful Answer (0)
Report

Usually SS finds out as in my case I too lost my dad 2 months ago. I am so sorry for your loss. They automatically stopped his payments but in my moms case 12 years ago they gave her a payment on the day she passed and they never asked for the money back as she passed after they gave her the money. Do not rely on anyone elses judgement. Make sure they know as if the check goes into his account by mistake and the money is used it is called FRAUD!
Helpful Answer (0)
Report

If your father's estate was put into a trust and you were allowed to take over his bank accounts, including being allowed to pay his outstanding bills, that is legal. However, you must contact SSA so that the social security checks your dad received stop. Do not close out his bank accounts until you file his 2015 tax returns, assuming he had enough income to report, including intetest income, qualified dividend income and ordinary dividend income. YOU ARE NOT ALLOWED TO USE HIS FUNDS FOR YOUR OWN BILLS/NEEDS.
Helpful Answer (0)
Report

But do contact social security and let them know.
Helpful Answer (0)
Report

Otto, I'm so sorry. I hate to see you having to worry in a time of grief. If the account was joint, or if you are the POA, you have the right to pull the money out. No questions asked. If you are the executor of the estate, that is also a protection. The executor is tasked with paying final expenses (with the deceased's money) and settling the estate. You have to access the estate in order to settle it, so that too should be fine, and that's what you should say if questioned. That being said, even if you made a mistake, I hardly think you'd be prosecuted. I've known of people who pulled the money out of their parent's accounts shortly after death to avoid it going through probate and guess what happened to them...nothing! Nor did they ever need to answer to anyone about what they did with the money. You pulled the money out and paid final expenses. I think as long as the check was deposited before death, he has a right to keep that money. If you made a mistake, and social security asks for the money back, give it to them. No problem. This is life, you are grieving, and I'm sure they understand that.
Helpful Answer (0)
Report

What if your parent is in a nursing home and the nursing home already got their payment from Social Security and other benefits?
Helpful Answer (0)
Report

At least here in Texas, there are a couple of things you need to know. With a parent, monies in their account should be ok to withdraw if used for funeral expenses and receipts kept in case the probate court needs to see them. If you are on the same account, there shouldn't be any questions at all about withdrawal. But notifying the SS will stop future checks from coming in. Some states require someone to be named executor or administrator in order to spend someone else's money even if it is a parent. Everyone should get something in writing before a death explaining how the final monies should be spent and who will withdraw it out. As for a spouse, having a will eliminates the need the court to get involved. When my husband was killed in a car accident, I had to go to court to be named administrator of his account since he didn't have a will. I wasn't allowed to touch his account until I went to court. Once named, I could spend the money on his funeral expenses and stone. Once all expenses were paid as well as taxes, the final left over amount was divided among his children. All states are different so check with the state offices to make sure you're following the right course.
Helpful Answer (0)
Report

This answer is in regards to cmagmum. I don't think the father was diseased as in sick with a disease. I think you meant deceased as in passed away.
Helpful Answer (0)
Report

When you contact Social Security about your father, ask about the death benefit from them as well. You only have a short time to make an application for the benefit and it's a small pittance compared to what the expenses are but in my experience in dealing with death of a parent, every penny counts and could come in handy.
Helpful Answer (0)
Report

We always did as ferris1 although the funeral home stated they would handle social security.

Our condolences.
Helpful Answer (0)
Report

Otto, I am sorry to hear of the death of your father; I hope it was as peaceful as it could be and you had time to say goodbye.

In answer to your question, I live in Canada so I'm sure there are policy differences. However, my experience with the government (and SS is part of the government bureaucracy) is that there are so many different departments and sometimes the information does not reach the right department. When my dad died last year, I followed up with Veteran's Affairs and the Canada Revenue Agency (which sent a GST cheque after his death). I had to notify them a couple of times and they informed me they did not receive his death certificate because it was not mailed to the right address.

The general process is to identify all the departments/organizations involved in I.D., health and credit cards and send death certificates to the appropriate departments.

Regarding accessing your father's account, I am assuming you don't have a joint account otherwise you wouldn't have asked the question. If you were power of attorney there is also no problem. As others have said, as long as the money was taken to pay for funeral expenses, that shouldn't even be an issue. I believe banks are more concerned with identity theft where whole bank accounts are almost wiped out.

Take care of yourself!
Helpful Answer (0)
Report

If the SS check was automatically deposited to a bank account, they will be taking back the prior month's check even though he was still alive when it was paid. Dad died Dec 8, and the Dec deposit of $1200 had arrived and it was scooted back out of the account at a later date. Then Mom started getting her surviving spouse reduced monthly check separately. You should notify them. And make sure there is money left in that account for the government to take the deposit back out magically without other notice. Its the way it works.
Helpful Answer (0)
Report

Yes, the funeral director should have told them but confirming will not hurt. POA stops at time of death. Executor mentioned in the will takes over, if none probate appoints one, I think. Be careful about last SS check. It could be taken back.

Just for information. When a husband dies the wife loses her SS and gets his, if his was higher. If hers is higher, then his drops. There will be a loss of income.

Sorry about the passing of ur Dad.
Helpful Answer (0)
Report

Depending on when your elder died, SSA (as well as other pensions & retirements) could pay the next months income (or even a couple of months for pensions) as there is a programming lag to stop payments. If $ is paid for month that they are dead, this $ will be clawed back out of the account so you need to leave it in otherwise there will be NSF charges placed each time a recovery attempt is done.

If you think the NSF won't matter as their dead, well, it actually could. The bank can freeze the account if it's negative and place a claim against the estate for those charges & any fees which build each month. Also you"ll need a estate or executor account if you do probate, and the NSFs will pop up when a bank does a routine approval to open or change the titling on the account.

My mom died towards the end of the month. Both SSA & federal pension did the usual direct deposit on income for the next month. SSA did their clawback about 3 weeks later. But Feds did it 5 weeks later so 2 months later. Now Feds did send a "Are you dead" letter at 3 weeks which I filled out as the future executor that yes mom was dead.

Otto - please keep receipts on what you spent the $ on and to the penny. Whomever is the executor, if there is a will, needs these to establish the status of the estate as of DoD. If there is no will, most states have it such that all assets of the deceased escheat to the State.......so you may find yourself having to respond to the state on these funds....this could get pretty sticky.....
Helpful Answer (2)
Report

Yes, you need to contact all government agencies ASAP of his passing, and banks, creditors, etc. My condolences for your loss.
Helpful Answer (0)
Report

Condolences to you on the loss of your father and blessings for his transition.
Helpful Answer (1)
Report

When my mother died, the funeral worker told me that SS would be notified. Then, the next month, a check for her was deposited in her joint account with my father so I had to call SS. They pulled back the money. Don't rely on others to do what they claim.
Helpful Answer (1)
Report

Dear Otto - My sincere condolences on the passing of your father. This is a tough and a financially burdensome time, especially if your personal budget doesn't have any extra. So many little things like flowers and obits and food for the mourners gathered - even if every your parents have pre-paid the funeral,,,,it's tough.

I don't think a previous poster meant that you were "stealing" if you didn't ask permission from somebody - especially if there was no one to ask. If you aren't on his account - then taking money using his debit card for some final expenses is forgivable - just make sure you keep receipts of your purchases.

The funeral home notified the Social Security Administration when my Mom passed and they obtained copies of the death certificate for me (they asked me how many I wanted). Since Mom was a beneficiary on my father's work pension account, his VA pension and co-owner of their home and had medicaide, I had to notify each of those agencies and send the death certificate. You should look into what kind of health insurance, pensions, credit cards, etc. your father had and make sure notification takes place - some don't need the original death certificate.....most accepted a phone call and scanned and emailed copy from me.

God bless you and your family during this time. May you find peace soon.
Helpful Answer (3)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter