Deer Trail, CO asked in Public Benefits for Colorado

Q: SOMEONE PASSED AWAY AND HER SSI CHECK WAS DIRECT DEPOSITED I HER ACCOUNT WITHIN A WEEK AFTER SHE DOSE IT GET SENT BACK

THE FAMILY IS TOLD THAT THEY NEEDED TO PAY IT BACK AND THE FAMILY IS NOT SURE WHAT TO DO WITH IT

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1 Lawyer Answer

Tristan Kenyon Schultz

Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Is this currently in probate? If it is, the personal representative may want to contact a lawyer to review options for returning the check. If the estate is not currently in probate, I would recommend that the family (ideally the likely personal representative included) make an appointment with your local Social Security Office. This issue here is not the that the check should be returned, the issue is whether the family has the legal power to return the check. Proper notification should cure the problem. Again, I recommend that the family contact a probate attorney (a few hundred dollars will make this and other parts of the probate process run a lot faster).

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