Legal Question in Social Security Law in West Virginia

Social Security Fraud

My mother father brother and sister get SSI checks. my father passed away in November 1999,the funeral director said its the wifes responsibility to pay her deceased husbands funeral expenses she has not we are 6 months behind.The funeral director is really angry, he has come after the kids. I called Social Services Adult Protective Services and the Social Security Office NOONE was able to help at all one person even laughed this is not funny we need help. my mom is staying at the City Mission in West Virginia she has no bills, rent or does not have to buy food. She is wasting her money she gets from SSI. SSI gave her a check of $250.00 to pay on the funeral and she took it to buy clothes. The lady even said it was fraud. Shes been taking her money to buy beer and cigarettes and has not made on single payment on the funeral SSI told me this is a legal matter and would have to be taken to court. It sounds to me like they don't even care whether or not they are being frauded.

Please I need to know how to get her to pay for this funeral without the kids credit getting ruined. Can we have someone be a payee over her and take the money from her then give her whats left or what can we do?


Asked on 6/01/00, 5:50 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Social Security Fraud

I don't know what legal responsibility the children have for their parents funeral bills in West Virginia. In Texas, the children have no legal responsibility and the funeral director would be in violation of consumer laws to attempt to collect. Consult a consumer law attorney in WV for the funeral director's conduct.

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Answered on 7/19/00, 9:45 am
Carolyn Press Chung & Press. P.C.

Re: Social Security Fraud

You have two issues here, one concerning SSI and the apparent need for a representative payee for your mother and the other the question of liability for a funeral bill for your father.

First: Your mother may need a representative payee to receive her SSI payments and to be responsible for garanteeing that the money is used appropriately for her benefit. But that is a matter for the Social Security Administration to consider. If you notify them that she doesn't appear to be responsible, they may investigate. But your mother does have a certain right to make decisions about how she spends her SSI income.

Second: You don't say who, if anyone, signed an agreement with the funeral director guaranteeing payment for the funeral costs. Generally children are not responsible for a parent's funeral expenses, but if one or more of the children guaranteed payment, they are. Did your mother guarantee payment? If so, was she mentally capable of knowing what she was doing? Someone in your family needs to consult with a West Virginia attorney to find what legal obligations exist, if any. I can understand the funeral director being angry if he is not paid, but he does not have a right to demand payment from people who are not legally obligated to pay.

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Answered on 7/19/00, 5:21 pm


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