Orlando, FL asked in Estate Planning and Banking for Florida

Q: My friend got his SSI and stimulus check direct deposited on 12-31-2020. Unfortunately, he passed away on 1-1-2021.

Can his family keep that money or does it have to be returned?

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: I am very sorry for your loss and the passing of your friend. Based on the information that you have provided it would appear that the money was officially his. It is likely that these monies and other issues may need to be addressed with and through a probate and you will likely need to find and get hold of a Florida Probate Attorney. If these are the only assets whatsoever, then there may be very little to nothing that needs to be done. If there are any assets in his name alone, then a probate may become a reality. Money is usually only taken back if it is delivered after the death, as in, the person dies in December and then monies are paid into the account in January, in this instance he survived until Janaury and it was paid in December. Once you report the death via a death certificate to the Social Security and or otherwise, this will be addressed if anything needs to go back, which does not appear to be the case initially, you will be told by SSI or otherwise when you report the death.

Bruce Alexander Minnick and Nina Whitehurst agree with this answer

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