Legal Question in Credit and Debt Law in Virginia

Can an FDIC insured bank charge a customer for cashing a federal social security check that was reclaimed by the US Treasury?

My mother cashed my father's social security check a week after his death. The check was received Nov 3 and was for October's benefits. My father died Oct 28. Social Security is telling us the check was sent before my father's death was in their records. Now the bank wants my mother to return the $1,200.00, which she used for November's mortgage. SS told us it is common knowledge that SS checks stop the month the person dies. (It is?!) If so, then why didn't the bank, who personally knew both of my parents, and knew of my father's death when they cashed the check, refuse to cash it?

We would like for the bank to honor the check and not require repayment from my mother for their mistake.

Thank you.

Asked on 12/28/09, 10:28 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, I'm afraid if SS wants the money back, your mother will have to repay it (irrespective of what the bank's position on the matter may be).

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Answered on 1/02/10, 10:08 pm

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