when someone dies can a lawyer ask ss for there ss number

by Vince Bruen 8 min read

Also, while you don't need the SS of a person you name in your will, when the person dies it is typical to need the beneficiary's social in order to file necessary tax returns such as trust/estate income tax returns. This is not legal advice nor intended to create an attorney-client relationship.

Full Answer

Can I use someone else’s Social Security after they die?

Aug 16, 2021 · “The person serving as executor [of the estate] or the surviving spouse can also call Social Security,” said certified financial planner Peggy Sherman, a lead advisor at Briaud Financial Advisors...

How do I contact Social Security after a beneficiary dies?

The executor, administrator, or next of kin can call the Social Security Administration's local office or the national toll-free number to reach the correct representative. Do not cash or keep any payments sent after the beneficiary's death. If the payments came by mail, expect a notice from the Social Security Administration requesting ...

Do you have to report a deceased person on social security?

Federal law mandates that state Departments of Motor Vehicles, tax authorities, welfare offices, and other governmental agencies request your SS number as proof that you are who you claim to be. However, the Privacy Act of 1974 requires that government agencies at the local, state, and federal level disclose to each person whether submitting your Social Security number is …

Can a survivor of a social security death claim?

Sep 20, 2012 · Yes, when there are distributions, sometimes a social security number is needed. We have people put their SSN on general durable powers of attorney regularly. The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech …

Do I need someone's Social Security number to make them a beneficiary?

Banks may require the beneficiary to provide a Social Security number (SSN) for monetary transactions. This requirement is intended to verify that funds are distributed to the correct designated individual(s) listed in a will, trust, insurance policy, retirement plan, annuity, or other contract.

How do I find the Social Security number of a deceased person?

You can make a request for a copy of a deceased person's original Application for a Social Security Card (SS-5) and/or Numident record (a computer extract of the SS-5) in two ways: Online: Submit your request via FOIAonline at https://foiaonline.gov/foiaonline/action/public/home.

Who can ask for Social Security number?

Anyone can refuse to disclose his or her number, but the requester can refuse its services if you do not give it. Businesses, banks, schools, private agencies, etc., are free to request someone's number and use it for any purpose that does not violate a federal or state law.Feb 27, 2019

Can a Social Security number be used after death?

Do Social Security numbers get reassigned once a person dies? No. The Social Security Administration does not reuse numbers.Oct 10, 2018

Who gets the $250 Social Security death benefit?

A surviving spouse or child may receive a special lump-sum death payment of $255 if they meet certain requirements. Generally, the lump-sum is paid to the surviving spouse who was living in the same household as the worker when they died.

Who is entitled to death benefits in Social Security?

How do I apply for Social Security Lump Sum Death Payment? The eligible surviving spouse or child must apply for this payment within two years of the date of death. Widows, widowers, and surviving divorced spouses cannot apply online for survivor's benefits.

Can you refuse to give your Social Security number?

Yes, you can refuse unless you're legally required to provide your Social Security number (SSN). However, there's also no law preventing businesses from asking for it or refusing you service if you don't provide it.Jul 15, 2019

Why does the claim adjuster keep asking for my Social Security number?

The reason the insurance company wants your social security number is to see if you have coverage under Medicaid or Medicare. If you do, the insurance company is entitled to be paid back by your Medicaid or Medicare for anything they (the insurance company) pays you for your medical expenses.

Why does the bank need my Social Security number?

The banks use your SSN to evaluate your credit report and to send information about your interest and investment income/losses to the IRS. Banks also use your SSN to report tax-deductible mortgage interest to the IRS and to manage your account in general. Most banks will ask for your social security number.Apr 21, 2021

How do I apply for the $255 death benefit?

You can apply for benefits by calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or by visiting your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to apply.

What happens to Social Security when a spouse dies?

En español | When a Social Security beneficiary dies, his or her surviving spouse is eligible for survivor benefits. A surviving spouse can collect 100 percent of the late spouse’s benefit if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claimed benefits before he or she reached full retirement age. (Full retirement age for survivor benefits differs from that for retirement and spousal benefits; it is currently 66 but will gradually increasing to 67 over the next several years.)

How long do you have to be married to receive survivor benefits?

In most cases, a widow or widower qualifies for survivor benefits if he or she is at least 60 and had been married to the deceased for at least nine months at the time of death. But there are a few exceptions to those requirements: 1 If the late beneficiary’s death was accidental or occurred in the line of U.S. military duty, there’s no length-of-marriage requirement. 2 You can apply for survivor benefits as early as age 50 if you are disabled and the disability occurred within seven years of your spouse’s death. 3 If you are caring for children from the marriage who are under 16 or disabled, you can apply at any age.

Can a deceased spouse receive survivor benefits?

If you are the divorced former spouse of a deceased Social Security recipient, you might qualify for survivor benefits on his or her work record. If you are below full retirement age and still working, your survivor benefit could be affected by Social Security's earnings limit.

How to notify Social Security of death?

How to Notify Social Security of the Death of a Beneficiary. After someone retires or becomes unable to work, they can typically receive monthly Social Security payments. The amount of the monthly payment depends on how long they worked and how much they earned during those working years. The payments come to the address ...

Who gets Social Security death benefits?

Receiving Social Security death and survivor benefits. The Social Security administration pays a lump-sum benefit to the family of the deceased person. Payment goes to the surviving spouse living in the person's household (or a spouse separated but receiving Social Security payments on the deceased person's record).

How long does a spouse have to be married to receive Social Security?

Call the local Social Security office to learn who qualifies. The surviving spouse qualifies for the survivor benefit if married to the deceased for nine months or more, or if caring for a child (under age 16) of the deceased. The benefit comes with an age requirement.

How long does a bank account stay open for Social Security?

Once the Social Security Administration has notice, hold the bank account open for at least 45 days.

What does a funeral home report to the Social Security Administration?

Funeral homes report deaths to the Social Security Administration if the next of kin supplies the funeral director with the deceased's Social Security number. The executor, administrator, or next of kin can call the Social Security Administration's local office or the national toll-free number to reach the correct representative.

Do you have to keep Social Security payments after death?

Do not cash or keep any payments sent after the beneficiary's death. If the payments came by mail, expect a notice from the Social Security Administration requesting reimbursement. Return any payments from the month of the recipient's death onward.

What does SS number mean?

Federal law mandates that state Departments of Motor Vehicles, tax authorities, welfare offices, and other governmental agencies request your SS number as proof that you are who you claim to be.

What happens if you refuse to provide your SSN?

If you refuse to provide your SSN, companies may choose not to do business with you , but there's no law that prevents them from asking for it. These are some examples of businesses that require a Social Security number for legitimate purposes: • Insurance companies.

When was the Identity Theft Task Force established?

Criminals took advantage of that complacency, and as a result, the federal government established the Identity Theft Task Force in 2006. One of the first recommendations the task force made was decreasing the unnecessary use of Social Security numbers.

3 attorney answers

You need more transparency and disclosure before you give her your SS#. The only reasons that I can see why she would need them would be to give it to a financial institution that is going to send you an information return or if the estate was so large that a 706 inheritance tax return was going to be filed.

Robert E. Millsap III

You have the right to request why she want the social security number. I do not advise any client to provide their SSN out to anyone without knowing exactly the purpose of doing so. Yes, when there are distributions, sometimes a social security number is needed. We have people put their SSN on general durable powers of attorney regularly...

Christopher Daniel Leroi

I would not give the # without some explanation. Have your attorney write her a letter requesting an explanation and demanding an accounting of assets which you are entitled.

How many digits are in a social security number?

Since 1935, the Social Security Administration has been issuing numbers to permanent residents of the United States. Nine simple digits distinguish each American from his or her fellow residents. Today, assigned randomly and never recycled, a social security number is as unique an identifier as your fingerprints.

How long will Social Security trust funds last?

The trust funds and reserves are expected to last through 2031 (or 2033, depending on whom you ask). Absent social security, more than 40% of people aged 65 and older would live in poverty. Today, nearly 90 percent of this demographic benefit from Social Security, and it is the majority source of cash income for 65% of retirees. Advertisement.

When was Social Security created?

The Social Security trust funds were created in 1983 by a prescient Congress that anticipated the drain retiring Baby Boomers would have on the system. Taking in far more than it spent for 30 years, by September 2013, they held more than $2.8 trillion in assets.

Is there an east to west pattern?

There is a general east to west pattern, although not perfect, in the assignment of the first three digits, with several exceptions. For example, New Hampshire is 001-003, Maine is 004-007 and Hawaii is 575-576. Places that fall even further out of the pattern include D.C. (575-576), Puerto Rico and the U.S.

Is the $2.8 trillion trust fund unfunded?

The government has "borrowed" all of the money in the trust fund and spent it on other things. That $2.8 trillion is simply an unfunded government liability , money it owes the American people and does not have. It's part of the overall government deficit. See all replies.

When can a survivor switch to Social Security?

If the survivor qualifies for Social Security on their own record, they can switch to their own benefit anytime between ages 62 and 70 if their own payment would be more. An ex-spouse of the decedent also might be able to claim benefits, as long as they meet some specific qualifications.

How much does a child receive when they die from Social Security?

Finally, upon the death of a Social Security recipient, survivors are generally given a lump sum payment of $255.

What happens to a check if someone dies in January?

So if a person dies in January, the check for that month — which would be paid in February — would need to be returned if received. If the payment is made by direct deposit, the bank holding the account should be notified so it can return benefits sent after the person’s death. Zoom In Icon.

When does a spouse's benefit automatically convert to a survivor's benefit?

As for benefits available to survivors: If a spouse or qualifying dependent already was receiving money based on the deceased’s record, the benefit will auto-convert to survivors benefits when the government gets notice of the death, Sherman said.

When can a widow get a full retirement?

They can apply for reduced benefits as early as age 60 , in contrast to the standard earliest claiming age of 62.

Is it a crime to use someone else's Social Security benefits after they die?

It may be no surprise that using someone else’s benefits after they die is a federal crime, regardless of whether the death was reported or not. If the Social Security Administration receives notice that fraud might be happening, the allegation is reviewed and potentially will warrant a criminal investigation.

Do funeral homes notify Social Security?

In most cases, funeral homes notify the government. There’s a form available that those businesses use to report the death.