My mother passed July 28 2020 Texas. The Social Security took all her bank account funds. We knew she wouldn't receive August payment. Is there any way to retrieve funds as a child of deceased. She has bills we need to pay. Please advise. Thank you in advance

Hi,

I'm sorry for your loss.

I'm not sure what you mean when you say that Social Security took all of your mother's bank account funds. The only funds that would need to be returned to Social Security would be the full amount of her Social Security benefit payment for the month of July that was due to be delivered in August. If that payment was deposited in her account and If the bank deducted more than that amount from your mother's account, then you would need to take that up with the bank.

To clarify, Social Security benefit payments are normally issued in the month after the month for which the payment is due. In other words, Social Security benefits for the month of July are issued in August, and so on. Your mother wouldn't have been due a payment for month of July because based on Social Security law no benefits are payable for the month of a person's death. Social Security is sometimes able to stop payment of benefits for the month of death before they are issued, but if the payment is made is issued it must be returned to Social Security. In other words, neither your mother nor anyone else would be eligible to receive the benefit payment that would have been paid to her for July.

Best, Jerry