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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116140
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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my mother recently passed....she did not have life insurance....friends

Customer Question

my mother recently passed....she did not have life insurance....friends loaned me money for her final service...there is an overpayment because bills neede paid...I had no resource..I stopped working to care for my mother...I will begin working soon...do you think repayment options will be available to me?
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
I am sorry, who is seeking repayment from you? Can you please explain what is going on here?
Customer: replied 4 years ago.
I used my mothers survivors benefit to help with burial costs...she had NO life insurance..I was the only child..NO HELP...this is from a post office pension...I am willing to pay it back...I will be working again soon...I want to know what I am facing...the act was not criminal..I needed help..hopefully payment options will exist.
Expert:  Law Educator, Esq. replied 4 years ago.
While you may not have had any criminal intent in what you did, that does not mean the post office will agree that not properly reporting her death and returning the benefits would be considered theft of benefits. That being said, they do not generally prosecute the cases when a reasonable repayment plan is agreed upon, but you will have to contact them regarding the repayment plan and negotiate with them as to what they will except. The payments are generally not as low as many people may like (they are not going to take $50 or even $100 a month) and they expect substantial payments to pay off the overpayment (generally to pay off the debt in 6 months or less). If they do charge you with the benefit theft each payment you took can be a separate count and this means up to 5 years in prison for each payment you improperly received.

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