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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13521
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I live in Arkansas and my brother in law who lives in

Customer Question

I live in Arkansas and my brother in law who lives in Arizona sent my mother in law to live with us because he could not take care of her any longer. Her social security did not follow her here. We did not have a problem with that because we were willing and able to take care of financial needs. However, once Mom died, my brother in law told us there was no money for a funeral so we had to cremate Mom. My question is should that money have followed Mom, and since it didn't, do we have any options to get that money back?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

How long did your MIL live with you?

Customer: replied 1 year ago.
11 months
Customer: replied 1 year ago.
Are you there?
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Yes, please bear with me. I am drafting your answer and will post as soon as it is done.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi again, OK, with regard to your post:

"I live in Arkansas and my brother in law who lives in Arizona sent my mother in law to live with us because he could not take care of her any longer. ------- OK.

"Her social security did not follow her here. -------- This means that someone took it, typically. Did you not report her change of address to the SSA, and change her bank to one near where she moved? I will assume you did not and that her moneys continued to be deposited into her account in her former residence. Also, if she was not capable, she would have had a Representative Payee who used her moneys to pay her living expenses. Since she no longer paid her way to live with BIL, since she didn't live there, those moneys should STILL be in the account they were sent to, unless he stole them, perhaps.

"We did not have a problem with that because we were willing and able to take care of financial needs. ------ That is not right. Her income is hers, and while it is kind to help someone financially with no income, she had income and her RP was required to pay her bills with it, including her housing, food, medical, clothing, vacations, personal items, etc.

"However, once Mom died, my brother in law told us there was no money for a funeral so we had to cremate Mom. ------- The question is, where did her 11 months of income go? He is the custodian of her money and if he spent it on himself, he can be held liable. He is committing theft if he used it for himself AND fraud potentially. SSA can charge HIM with that, as well as "overpayment" and require he pay back OR take it from HIS current or future SS benefits.

"My question is should that money have followed Mom, ------ YES.

"and since it didn't, do we have any options to get that money back? ------ Yes, speak to your BIL, and explain that he must send the 11 months of HER money to you, since she has lots of bills (including her share of rent/housing for herself, food, medical, transportation to doctors, etc. That it is a crime for him to have embezzled her money. You can let him know that if he doesn't send MOM's money to you to pay her bills, you will have to have the SSA get involved.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 1 year ago.
thank you
Expert:  Stephanie O Joy, Esq replied 1 year ago.

You bet, please don't forget to rate 5 stars.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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Stephanie O. Joy, Esq. – Your Online Legal Professional

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