Ask Larry

How Can My Deceased Boyfriend's Last Benefit Payment Be Resolved?

Hi Larry
My boyfriend, no legal arrangement was made, recently died. He did leave a will with a common friend. He died January 12. Social Security pays by direct deposit the 3rd Wednesday of the month. The bank returned that payment. My understanding from the SocialSecurity.gov website is that his estate was entitled to that check as payment in January is for December. His estate would not be entitled to anything after January.
How is this resolved?
Thank you Karen

Hi Karen. I'm sorry for your loss. Yes, it sounds like the December Social Security payment that your boyfriend was paid in January could be claimed as an underpayment.

There is a specific priority set out in the Social Security law designating who can qualify for an underpayment. The basic order is a spouse, then children, then parents, then the legal representative of the deceased's estate. The deceased's will has no bearing on who can be paid an underpayment. How to go about applying for an underpayment is explained on the following Social Security website: https://www.ssa.gov/forms/ssa-1724.html.

Best, Jerry

Posted: 
Feb 22 2021 - 11:50am
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