My husband passed away January 30th his mother was payee of his SSA and SSI benefits. How do I get the money that was in his account? - AgingCare.com

My husband passed away January 30th his mother was payee of his SSA and SSI benefits. How do I get the money that was in his account?

Follow
Share

We have unpaid debts and I am barely surviving on my income alone.

4

Answers

Show:
Oh also when your at the SSA office, ask for a new SS CARD for you (so its all freshy fresh) AND a copy of your husbands “deceased individual social security record”. It’s any easy free print out for them to do.

BUT if you think MIL is going to be difficult and your likely to go to court against her, SSA can do a certified version of “deceased record”. For a filing at the courthouse, you will need the certified one. This version is NOT free. Like $20 & it’s a legal document. 
Helpful Answer (0)
Reply to igloo572
Report

Visit the local social security office to lay claim to whatever you are entitled to.
Helpful Answer (0)
Reply to geewiz
Report

Since he is dead, MILs Representative Payee for him status is over. If there are funds left in his bank accounts where he put his SS $, that is an asset of his estate and should be used to pay debts of his estate. The sticky then will be IF your MIL has signature ability on the account(s) and if she is likely to drain them.

I’m guessing that there is an antagonistic relationship between you & MIL, as she & not you was named representative payee. 
My answers are skewed to her being not nice, not cooperative to you when Sonny was alive & likely to be more so now.. (Sorry if I’m wrong too). I’d suggest you be very proactive in securing your rights... first suggestion-
-1 if you do not have death certificate, get some. Most states have this as online process. But if there’s anyway you can get some (maybe 6) in person - like from coroners office or at the courthouse- then go and get them. If they have to “type” them out, have them put your address on the certificate. Take your iD and marriage license.
- 2 You as the surviving spouse should get an increase in your own SS check based on what his was & what yours is and when you both started drawing benefits. On you own go to a SSA office to find out the status on the changes and make sure that SS $ is going to your solo bank account. SSA - in my understanding- should transition the payments automatically by month 3 at the latest as both your information is already in their database. Take your ID, marriage license, your check book with deposit slips. You should not need his death certificate as SSA should already have his death on file and stopped any of his SS benefits. I wouldn’t go into details on your MIL or why she’s was rep payee..... that’s drama they don’t need to know, ok?

2b Now some banks have a form they do with their ABA routing # & your DD# all ready to get scanned by SSA, maybe call your bank today to see if they do & go to get that. If this is the same bank as hubs, when your physically at the bank ask the bank officer (not a teller) if his account has been “frozen”. If it hasn’t then maybe as your the surviving spouse they can put a 30 day freeze on it. Dress nice and do you best to stay calm and collected at the bank & have your ID and marriage license. 
Then early manana get to a SSA office. Survivors benefits aren’t an online process, you need to go in person. I’ve been accompanying a friend in their SSA spouse drama (deceased ex hubs & swapping benefits stuff) & SSA staff has been incredibly efficient, funny and patient, & I’ll admit I was beyond surprised how helpful.  

- 2c Also SSA pays a 1 time death benefit of about $255.00. It should come to you as the surviving spouse. When at SSA office Ask what the status is on death benefit and it should go DD to you into your solo bank account. It should not have gone to his old DD, & if it has ask SSA if they can do a clawback. 

- also if he died end of Jan, I’d bet SS paid Feb. BUT the Feb check will need to get a clawback as he did not live the entire month of January. Its past midMarch so a clawback has been attempted. Ask at SSA if there was any issues with the clawback of the February issued check. If there was..... get them to make a copy of the attempts with dates that SSA tried to get the February check but it was NSF. This is important as you may need this for court later on depending on the answers to the ?s below...
- was there a prenuptial that separated both assets & income till beyond the grave?
- did he do a will and who was named executor in his will?
- is there a life insurance policy and who is named its beneficiary? 
Helpful Answer (0)
Reply to igloo572
Report

I'm not sure what state you are in, but, I'd consult with an attorney to inquire about getting what some states call Widow's allowance or surviving spouse benefits. You might come ahead of creditors for that money. An Elder Law attorney might help or you might check with the Estate division of your county courthouse.
Helpful Answer (0)
Reply to Sunnygirl1
Report