Legal Question in Social Security Law in Florida

My Aunt past away last year while living overseas of a heart attach at age 65, she received social security benefits through monthly automatic deposits into her bank account. I don't think her death was reported to SS administration. Her children continue to use her bank account money that she receives from SS administration, they said that she never divorced their father and that he should have received the benefits anyways, but he is not an american citizen and he remarried after they separated which was like 30 years ago. Are they in trouble for not reporting? who is responsible for reporting her death?

Asked on 6/22/12, 2:07 pm

1 Answer from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Yes they are in trouble. I suggest you have them report the death to the social security administration. Their dad may NOT be entitled to her SS benefits as they needed to be married for a certain period of time to make him eligible. Does not matter that he remarried.

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Answered on 6/25/12, 6:08 am

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