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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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My father passed away 2 years ago on june 29th. he was

Customer Question

my father passed away 2 years ago on june 29th. he was receiving direct deposit from SSA and retired pension annuity. The bank immediately froze the account not permitting me access to review its status. i had power of attorney while Pop was alive. Although
no funds could be withdrawn--deposits were accepted (pension payments). As Pop died at the end of the month, all of the automated payments processed for June. The SSA requested the return off June payment per STANDARD PROCEDURE. HOWEVER the automated payments
were paid from it. As the pension deposits were small ... it took 6 months of deposits for the bank to send the SSA half of the June benefit. The SSA has never requested the balance owed. It has been 2 years now. Meanwhile, the pension company has requested
a return of pension payments from me. Holding the release of a death benefit that i am the beneficiary for. (The death benefit is a little more than the pension amount requested.) As my father had very little NO PROBATE WAS REQUIRED. I was a contingent beneficiary
to the Pension annuity (should there be excess funds). Apparently there was not. I have 2 question. 1) How long can the bank hold this account open for the SSA to request the balance (which is in the account now)? 2) The 1099 from the year my father passed
away included the pension payments in question. I am not my father's estate ...so can they withold my death benefit claim?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,
I am sorry to learn of your father's death.
Unfortunately, the bank does not have a specific period of time that the account must be left open. Your father's matters really needed to have been settled through a "small estate affidavit" (which may still be something you wish to investigate in probate court: See: http://www.nolo.com/legal-encyclopedia/hawaii-probate-shortcuts-31956.html and http://www.state.hi.us/jud/Hawaii/Circuit/3CAffidavit.pdf).
If you are a "contingent beneficiary" the retirement fund is entitled to make the withholding as your rights/interests are based on there being excess funds - if these funds are necessary to repay overpayments made after your father's death, these funds can be properly deducted prior to any distribution to contingent beneficiaries.