Tucson, AZ asked in Estate Planning and Probate for Arizona

Q: If I am not on my mom's bank account and she passed away, am I responsible for the "overdraft"?

My mom got SSI direct deposited every month of $947. It is supposed to deposit to her account the 3rd of every month. However, her money has always hit a few days before that. She got her March check deposited on 02/26/2021. She paid her rent, bills, etc. She passed away on March 2nd with a whole $13.10 sitting in her account. I go to close her account today after receiving the death certificate and the bank informs me that the Social Security Administration wants their $947 back because her "scheduled" deposit is the 3rd, which is one day after she passed. I told the bank lady to look up the account and she will see that no transactions have posted to her account (deposits or debits) since the morning of the 2nd. She passed away at 11:32 pm on the 2nd. She tells me that it is bank policy to release funds to the account holder when the deposit "comes in", which is why she gets her money early. Okay, so? Why is it now my responsibility to pay back the money when the bank has that policy

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1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

A: I am answering here just to let you know that this is not a family law question. This is a question for a probate attorney. Family law refers to divorce and child custody cases. I think that because it was labeled family law, you haven't received an answer because this isn't an issue divorce and custody lawyers deal with.

Best of luck. I hope you're able to find an answer.

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