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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13542
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My wife uncle was in Fl and we brought them to CT in our

Customer Question

My wife uncle was in Fl and we brought them to CT for hospice in our house on 6/1/2015. When we moved him to CT, SS suspended all payment until my wife received his legal representation from probate court in CT. SS said that they will start paying again on 2/3/2016 and they said that they will make the retroactive payments back to 7/3/2015 when they stopped the payments. However, my wife uncle is in very bad shape and the doctor is saying that he my not last more than a couple of days. My question is, does my wife has to return all the payments back to SS if he passes this month. She was thinking of using that money for the funeral.
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

If it is likely that your wife's uncle will pass before the SSA straightens out the retro pay, typically it will NOT forwarded it to the account of a deceased person. Rather, your wife can provide proof of being legal representative of his estate, where she gathers that asset as well as all others, pays any outstanding bills, including funeral costs if any (or a loan by her paying for funeral if she must be paid back), and then the net estate goes to the beneficiaries under this will or to his legal heirs if he has no will. So generally, your wife will have to petition the court of his county to represent his estate.

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

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


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