My mother passed Oct 2 2014. Social security took her last payment to which she was entitled. They want me to fill out a form listing heirs. My mom was mostly estranged from my brothers and did not leave them anything in her will. I am the administrator of her estate. I have provided this info to social security but they still want heir info though my understanding all debts due should be paid to the estate and the estate is responsible for debts of the estate. My mom though deceased has a right to privacy as do my siblings. On their first communication I believe the offered the option to distribute the payment among heirs or pay to the estate. My mom clearly did not want my brothers to get anything and I would be remiss in my duties as administrator to allow it. How can I get payment to the estate without violating the right to privacy or my administrator duties?

Hi,

I'm sorry for your loss.

The Social Security law specifies a priority order for payment of underpayments due to a deceased beneficiary, and the administrator of their estate is at the bottom of that list. Assuming that there is no surviving spouse, any underpayment is normally split evenly between any surviving children of the deceased, regardless of whether or not they were estranged. And, if you were to apply for the underpayment and knowingly withhold information about your siblings, you could be prosecuted for perjury.

For more information on the Social Security regulations on the distribution of an underpayment due to a deceased person, refer to this Social Security website: https://www.ssa.gov/forms/ssa-1724.html.

Best, Jerry