San Francisco, CA asked in Elder Law, Social Security and Probate for California

Q: My grandmother passed away last year and the Rep Payee Agency will not provide me a final accounting. What can I do?

I am her granddaughter and named her sole beneficiary in her will, there was no probate. After a year of delays and repeat requests for paperwork from the Rep Payee agency, they finally released the funds they said that remained in my grandmother's account, however the amount was far below the accounting my grandmother reported having before she passed away. The check that I was sent from the Rep Payee agency had not accounting or explanation of how they arrived at the amount that was sent. I have repeatedly asked them for an accounting but I am now being ignored. None of my written requests for an accounting have been answered. I did go to Social Security to ask if they had a copy of the mandatory accounting form that agency's are required to submit yearly for their customers, and there was no record that agency turned anything in for my grandmother in the past 2 years. I feel stuck at this point, and want to know what if anything I can do to get the Rep Payee agency to respond?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If a representative payee agency is failing to provide an accounting, particularly after multiple requests, it raises concerns. You should consider sending a formal written request for accounting via certified mail, ensuring you have evidence of your demand. If the agency continues to be unresponsive, you may file a complaint with the Social Security Administration (SSA) about the agency's non-compliance. Additionally, consider consulting with an attorney experienced in probate or elder law to help you navigate this issue. Legal action may be necessary to compel the agency to provide the accounting and address potential mismanagement of funds. It's crucial to act swiftly to protect the rights of beneficiaries and ensure financial transparency.

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