US Social Security - Reclamation of payment after death?

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daboomer
Posts: 7
Joined: Wed Apr 01, 2015 10:48 pm

US Social Security - Reclamation of payment after death?

Post by daboomer »

My mother passed away last year and the US Social Security administration (Department of Treasury) ent a letter to the Canadian Financial Institution receiving the direct deposit to return the payment for the month of death. I am the executor of her estate. She was and I am a Canadian citizen.

Does the US Department of Treasury have the authority to force the estate to repay the amount? Unfortunately, they are late and the taxes for the year of death have already been submitted to CRA, and would require an adjustment to the amount of Social Security paid if the benefit payment were repaid.

Can the estate keep this payment? Are there any consequences to keeping the payment?

There seems to be some rules regarding erroneous payments.

https://secure.ssa.gov/poms.nsf/lnx/0202408610
https://secure.ssa.gov/poms.nsf/lnx/0202408900
nelsona
Posts: 18682
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

In my opinion, the SSA has the right to demand the repayment from the bank, and in turn, the bank has the right to demand the repayment from the estate. has the bank asked you for the funds?

The fact that the deceased taxes would need amending is immaterial.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
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