Asked in Social Security and Criminal Law for Georgia

Q: Fraud offense. A child continues to receive the Social Security benefit after the death of a parent. what to do?

Is there a defense?

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1 Lawyer Answer
William C. Head
William C. Head
  • Criminal Law Lawyer
  • Sandy Springs, GA
  • Licensed in Georgia

A: This question is not specific enough to answer. In some instances, a child IS ENTITLED to receive a social security check from the Government after a parent's death. If your question is claiming that the child is falsely depositing the check OF THE DEAD parent into his or her account, and siphoning off the cash, this is fraud, and carries felony punishment. If this is what was done, any notification sent to the Government, of the death of the social security recipient will be follow up by auditing that account, to see what happened to the monthly checks, which were intended for the person who is now deceased.

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