If my motherrecently passed away, canI still use the automatic deposit from Social Security that was just deposited into her account?

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If my motherrecently passed away, canI still use the automatic deposit from Social Security that was just deposited into her account?

my mother has passed away the end of last month and has received her social security disability check directly deposited into her account for this month. I need to know if I can transfer what is owed for her rent and bills for last month over to our bills account that rent and bills are drawn out of, or if the state will take it back since she has passed. If I do transfer over the balance what can the state do? She had no assets and lived solely on social security benefits.

Asked on January 4, 2012 under Estate Planning, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your mother was sent a social security check for benefits accrued post her death, you are not entitled to deposit or actually use the proceeds of that check since the entitlement to the social security checks ended upon her passing.

If you pay out the proceeds from this social security check, the state can go after you for reimbursement of this amount. I suggest that you issue a check back to the state for the amount of the check with a letter advising that your mother has passed away. Keep a copy of all correspondence that you send for future need and reference.


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