Legal Question in Consumer Law in Kansas

can debtors take a social security check?My husband passed away last month and I have received unknown bills in my name and his name through the mail. I am handicapped ,72 yrs old and very stressed!

Asked on 6/16/11, 7:53 am

1 Answer from Attorneys

Anthony Smith LawSmith

I am very sorry to hear that your husband passed you have my condolences. The social security administration needs to be made aware of your husband's death. You may qualify for death benefits, but shoudl not forge yrou husband's name to endorse any checks sent after his death.

It is unclear what you mean by "debtors taking a check" As to the creditors that send you bills, you should not pay any that you honestly do not beleive are yours, until you have proof that they are. In most cases creditors cannot execute against your social security benefits. They may try through bank garnshments, which would force you to raise the exempt status of the funds. You can do this , if you do not comingle or mix yoru social secutiry money wiht other money you have or may aquire. To do so, may make your entire bank account subject to grnishment. Unsecured creditors cannot attach your social security benefits stright from the federal government either.

You may want to consult directly with an attorney in your area to assess your exposure and potential liability to creditors. Many attorneys offer a free or low cost initial consultation.

Good luck

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Answered on 6/20/11, 3:59 pm

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