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!
It's sad that while we're dealing with death we have these other worries, but that's how it goes.The money already in the account should be fine to use for their expenses as long as it was a shared account in the first place. But Social Security and all pensions and related payment belongs to the deceased so SS should be notified.
In my experience, they already were and the checks just stopped. I don't know if it was the funeral home or some other entity who did the notifying, but the checks stopped without me doing anything. Just make certain you don't use money that goes in after the death since that could be a mistake.
When my father died in 2012, the funeral home worker came to pick up his body for transport to the medical college that he had donated his body to for research purposes. The owner of the funeral home told me that they would contact social security. However, very early the next day, I called social security to report his death. Dad and Mom had all the paperwork in place for me (as POA and trustee of the estate) so that all I had to do was make a few phone calls to inform people of Dad's death. It only took a couple of hours, and I thank my parents for doing all this ahead of time. It made my life easier at that time.
You may have to pay back social security for the previous month's payment depending on when your father died. They do not pay benefits for the month of death. That means if, for example, the person dies in October, the check received in November (which is payment for October) must be returned. So, I would advise you to call social security as soon as possible so you don't have to mess with returning money. It really doesn't take that long on the phone.
As far as taking money from your father's account, if you are on the account or have permission of access to the accounts from Dad's surviving spouse, if there is one, I think you'll be okay. Then again, I am not a lawyer. It's just that in my family, we don't steal from one another, so if I had needed money from my parents' accounts for final expenses, I would've told my mom and she would have given me permission to get the money, even though my name is on the accounts already. However, I realize not all families are like mine.
Don't panic. Everything will work out. It just takes some time. Take it one day at a time, and you'll get everything done that needs to be done. I wish you peace at this stressful time in your life.
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.
You must contact them. Usually the funeral director does but just in case he doesn't you must let them know. No matter who is listed on the beneficiaries of the accounts you have doesn't matter but his social security check will stop. If your Mother is still alive they will combine a part of his into hers and her account will be the only one. If she is deceased then his check will definitely stop. You won't legally be getting any more from them for him.
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.....
Sorry to hear that your dad died a few days ago. Whose expenses were these? I think even if he were alive that this would not be legal. Do contact Social Security and let them know he is diseased.
Good question - I am listed on my mom's account. After she passes, can I take some of that money to pay for the funeral? Or other expenses? She left everything in a will to the five kids, to be split equally, but I assume that is after all expenses have been paid? I am the executor.
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.
In my experience, they already were and the checks just stopped. I don't know if it was the funeral home or some other entity who did the notifying, but the checks stopped without me doing anything. Just make certain you don't use money that goes in after the death since that could be a mistake.
Take care of yourself,
Carol
You may have to pay back social security for the previous month's payment depending on when your father died. They do not pay benefits for the month of death. That means if, for example, the person dies in October, the check received in November (which is payment for October) must be returned. So, I would advise you to call social security as soon as possible so you don't have to mess with returning money. It really doesn't take that long on the phone.
As far as taking money from your father's account, if you are on the account or have permission of access to the accounts from Dad's surviving spouse, if there is one, I think you'll be okay. Then again, I am not a lawyer. It's just that in my family, we don't steal from one another, so if I had needed money from my parents' accounts for final expenses, I would've told my mom and she would have given me permission to get the money, even though my name is on the accounts already. However, I realize not all families are like mine.
Don't panic. Everything will work out. It just takes some time. Take it one day at a time, and you'll get everything done that needs to be done. I wish you peace at this stressful time in your life.
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.
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.....
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