SS Benefit Backpay after Death

[amwilson615]

I am in need of some help. My uncle just passed away in December. He was a Veteran and had spent years trying to get Social Security Disability benefits. He was finally due to receive some lump sums of backpay, and had actually received two large payments in the past few months. Upon cleaning out his apartment today, I found a $6k+ backpay check. It was cut, and received by him, but not cashed or deposited, before his death. My question is, since this is BACKPAY can this check be cashed/deposited to his estate? I realize that current disability payments made for December and January (two other checks I found while there) must be returned, but, to me, it seems that the backpay is what was due him from past accruals, and, therefore, should be applied to his estate. Any suggestions/advice??? TIA!!!

[amwilson615]

Just wanted to add that he did not have much, as he was fighting several mental and physical disorders, as well as a semi-recovering alcoholic. he spent the majority of the past 10 years homeless and was just now getting his life back on track. We (my mother and I) would just like to have the money that is due him to make contributions to the organizations who helped him back on his feet. He also has two daughters whom he has neither seen nor spoken to in 13 years. We would like to buy them each a savings bond (or something) with any money he does have. Thanks, again.

[sea74]

I have no real ideal but I would think that you could deposit that check into his account and then after the estate is steeled do what you will with it.

[bug]

I would think that whether or not the executor of his estate would be able to cash the check would depend on how old the check is (but I have no experience with this, that was just the first thing that I thought of).

What you are would like to do is a nice idea, so I hope it works out!

[amd1005]

You might want to contact a Social Security office to find out for sure, but hopefully they haven't placed stop payments on all checks payable to him. Once Social Security receives notification of someone's death, I believe they stop all payouts. I agree with you that it should go to his estate, but, unfortunately, they don't always think like we do...

[mamax2]

Who's the Executor of the estate? What does the Attorney who's handling the estate say? I'm sure s/he would know exactly what to do w/the check.

[amwilson615]

Thanks for the responses, I appreciate it. Well, I did look into a bit on the Social Security Administration's website. I found information concerning regular SSI Disability payments, but not on back due lump sums. We definitely plan to contact the Social Security office tomorrow during its business hours, just wanted to get any info that I could beforehand.

bug--The check was cut in early December, opened on December 4th, and my uncle's body was discovered on the 17th. So, the date of the check is current. And, thanks, I hope it works out, as well.

amd1005--Yeah, it seems that the government rarely view things as we do, especially in cases of money. :rolleyes:

mamax2--My mom is the Executrix of the estate, (she is my uncle's sister). She is having a very hard time with it, so, that's why I'm trying to do all the research I can. There is no lawyer handling the estate at this point in time. Saying "estate" is really extremely misleading. This settlement check, along with a coffee can of change that was found in his apartment by investigators, is all the estate consists of. Thanks for your input, I truly appreciate it.

[amd1005]

Did he have a bank account? If you don't get any answers from Social Security, I agree that an attorney would be the next best person to ask. Endorsements on SSI checks can be tricky, so her bank might want to contact Social Security or their own attorney before cashing it, and she will need paperwork stating that she's the Executrix. I hope it goes well....

[amwilson615]

I just wanted to post a quick update. We found out that the lump sum back pay check will, in fact, be payable to my uncle's estate. His bank account had about $3k in it (who knew?), and coupled with this last check, the grand sum of his estate, before any administration fees and funeral expenses are taken out, is close to $10k. :eek::D Thanks to his SS Disability back pay.
My mom was informed, however, that anything remaining would have to be disbursed to my cousins (his two daughters). We, of course, wanted some funds to go to them, but really wanted to donate to the organizations that were so important to him, as well. But, that is not meant to be, and I know that my cousins will be shocked and extremely appreciative when we cut them a check.

Thanks for all of you who responded to me and followed along.