My friends mother passed May 6th. Social security is still sending money direct deposit to her bank account that also has my friends name.

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Gotham2015 Asked July 2019

My friends mother passed May 6th. Social security is still sending money direct deposit to her bank account that also has my friends name.

It’s the third month of deposits after her mother died. For some reason she thinks these payments are a death benefit to her, and she’s receiving and spending the money. I’m trying to tell her it’s fraud but she insists that she is in no wrong as her father was a government employee and he put her name as a payee to the checks. I’m quite concerned that she will get charged and jailed. Any help with this is very appreciated.

Elder Law End of Life Government Benefits

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score 2 · Answer 1

Start distancing yourself from her now, as you are going to be in line to give her money to pay back SS.

I would also report this fraud to SS.

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score 0 · Answer 2

How sound of mind is this person? If they are not of sound mind, then other family members need to be informed.

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She is absolutely of sound mind. She in depression because before her mother died her Mother paid all of the bills and my friend never had to work. Now she’s kinda having to grow up at the tender age of 42. I really just don’t want her to go to prison for fraud, but I feel like she’s in denial.

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score 0 · Answer 3

She can be prosecuted and go to jail for taking money that is not hers.

Can you call social security and report the death?

This could get to expensive for her to repay and then she would be thrown in jail for theft.

I personally know someone that did the same thing and he would have gone to jail if he couldn't come up with the money pronto.

Is your friend of sound mind or are you worried about her? This would concern me and I would intervene before she gets to far to recover.

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score 0 · Answer 4

Your friend could be just confused?
The SS she is still receiving could be her own.
Could you look into it for her, see the bank statements?

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No I wish I could.

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score 1 · Answer 5

You are correct. Not only will they FREEZE the account at once, and until all the money is retrieved, but she could well be accused of fraud. I think that there is little you personally can do about this, but the truth is that you could also report it to Social Security. To be frank, you could be doing this person a favor.

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That’s exactly what I thought. Thank you for your reply

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score 2 · Answer 6

You are correct, the money isn’t hers and the payments received in June and July are not legally hers & need to be returned to social security. Did she not notify SS of her mother’s death? I know that typically the mortuary notifies them but in the case of both my in-laws, we were still instructed to notify them & show them the death certificate. If she died May 6 then it seems someone has dropped the ball if SS payments are still being made. There is no death benefit for adult children. I doubt your friend will be jailed but she’ll be dealing with the IRS soon enough, they will go after her for the money. They can garnish her wages and go after her bank accounts

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Yes cali, they consider this theft and they will throw her in jail if she can't give it back right now. They are serious about people taking someone's SS pmts, living or dead.

(1)

My friends mother passed May 6th. Social security is still sending money direct deposit to her bank account that also has my friends name.

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