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!
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.
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.
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.
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.
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.
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.
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