Receiving Disability Disbursement After Parent Dies

My father was approved for disability, but passed away before officially receiving his payment and back pay! I was contacted by the disability company and was told I would be getting those funds. My question is does this payment go directly to me as the next of kin or will it be divided between my other siblings?

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October 6, 20180 found this helpful

This is a question for social security.

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October 7, 20180 found this helpful

When you say "disability company" who are you referring to?
Is this a private company or are you referring to a Social Security disability?

  • If he was approved for Social Security disability then any funds you receive will be in his name and since he is deceased it is possible his check for back payment would go to his estate but no funds delegated since his death can be retained and must be returned to SS immediately.
  • If you are speaking of a Social Security disability then you should take all checks/papers received and seek advice from the SS office.
  • If your father had a legal will then whoever is the executor of the estate will be the one who will deal with SS and the distribution of any funds/property in his estate.
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  • If your father died without a will and there are several children involved then most likely everything will be divided equally or you will have to have an attorney sort it out through the court.
  • "If someone dies without a will, it means they have died "intestate". When this happens, the intestacy laws of the state where they reside will determine how his/her property is distributed upon their death. This includes any bank accounts, securities, real estate, and other assets they own at the time of death."
  • If this is a disability from a private company then any compensation should still be in your father's name but you should discuss this with the company involved as well as an attorney as there could be several legal questions that will have to be answered.
  • As to whether the funds should go directly to you, I do not think so but only an attorney can answer this and their answer will depend on whether your father had a will when he died. If he had a will then you should contact the attorney who drafted the will for advice as the will will have to go to court - through probate and those funds would be a part of his estate.
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  • No will? see an attorney and do not spend any money until it is decided how it should be handled as there are very strict laws concerning things like this and stiff penalties for abiding by them. The law does not care if someone does this intentionally or innocently as the penalties are the same - ignorance of the law does not change the penalty.
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October 8, 20180 found this helpful

You have my deepest condolences on the loss of your father.

If he was working and you are referring to an employer paid disability claim, you need to call the human resources department of that company. Most likely they will only speak to the executor of his will....if that isn't you, you will need to have that person call and send them the proof of their status as executor and then ask the questions.

If this is social security disability... meaning he had a hearing and had this awarded, if a lawyer processed this claim, the lawyer is your first stop...but again only the executor will be able to ask. If there was no lawyer, the executor will need to contact the Social Security Administration.

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Wishing you all the best!

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October 8, 20180 found this helpful

You have my deepest condolences on the loss of your father.

If he was working and you are referring to an employer paid disability claim, you need to call the human resources department of that company. Most likely they will only speak to the executor of his will....if that isn't you, you will need to have that person call and send them the proof of their status as executor and then ask the questions.

If this is social security disability... meaning he had a hearing and had this awarded, if a lawyer processed this claim, the lawyer is your first stop...but again only the executor will be able to ask. If there was no lawyer, the executor will need to contact the Social Security Administration.

Wishing you all the best!

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October 10, 20180 found this helpful

When one passes away....and a check comes after the date of death and if it is GOV. Funds...IT MUST BE RETURNED. ...THAT'S THE LAW..

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