Can my husband claim his deceased brother's uncashed Social Security checks to help with funeral expenses?

I'm very sorry for your loss. Unfortunately, uncashed Social Security checks must be returned to SSA - they don't automatically transfer to next of kin. However, you should look into the Lump Sum Death Benefit of $255 that can be paid to a surviving spouse or child. Your husband may qualify for this if his brother was unmarried with no dependent children. Regarding notification, you should report the death to SSA as soon as possible by calling 1-800-772-1213. You cannot report deaths online. The funeral home usually reports the death, but it's good to follow up. Any checks received after death must be returned. Don't cash them as this can lead to complications.

When my mom died last year we were in the same boat with 2 uncashed checks. we tried cashing them but the bank refused once they knew she passed. the funeral home reported her death but SS was still sending checks for 2 MORE months!!! we had to take all those checks to the local SS office and they made us sign a form. they were super strict and even warned us about fraud penalties. i don't think theres any way around it, those checks are going back to the govt. sorry.

While the previous commenters are correct that the uncashed checks must be returned, your husband should look into whether he qualifies for any survivor benefits based on his relationship to his brother. This would depend on several factors such as his age, disability status, and whether he was financially dependent on his brother. For reporting the death: call the SSA at 1-800-772-1213 between 8am-7pm Monday-Friday. You'll need your brother-in-law's Social Security number and death certificate. The funeral home likely already reported it, but always follow up. Regarding burial expenses, check if your brother-in-law was a veteran - the VA provides burial benefits. Some counties also offer indigent burial assistance if finances are limited.

I went through this last year with my father. You absolutely CANNOT cash those checks - it's considered fraud. But here's something that might help: if your brother-in-law had any unpaid bills in the month he died (rent, utilities, medical expenses), you might be able to file for what's called "underpayment" which allows the last month's benefit to be paid to the next of kin to cover these expenses. The process for reporting death and handling underpayment claims is a nightmare though. I spent WEEKS trying to get through on the 800 number - constant busy signals, disconnections, and 2+ hour hold times. Eventually I used a service called Claimyr (claimyr.com) that got me connected to an agent in about 20 minutes instead of hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Having a direct line to an actual person made dealing with this so much easier during an already difficult time.

is the brother in law SURE he wasnt cashing his social security checks??? lot of times people forget they signed up for direct deposit years ago and the money is going straight to a bank account. my uncle thought he wasnt gettin his checks for 6 months and turns out they were goin into an old account he forgot about!!! might wanna check that before doing anything else

MY CONDOLENCES FOR YOUR LOSS. I had similar situation when my sister passed in 2022. SSA is VERY STRICT about this!!! Any benefits not paid out before death are NOT payable to anyone except in specific circumstances (spouse or dependent child usually). The $255 death benefit is a JOKE considering funeral costs these days!!! It hasn't been increased since the 1950s!!!! BANKS WILL REPORT YOU if you try to cash those checks, so don't even try it. SSA considers this FRAUD and they will come after you. TRUST ME ON THIS!!! Just return them and save yourself the headache.

Have you checked with the funeral home? When my grandma died last year they helped us fill out paperwork for the death benefit and gave us info on some local charities that help with funeral expenses. Most funeral directors deal with this stuff all the time and know what resources are available.

Just to clarify something important: if your brother-in-law had a surviving spouse or dependent children, they might be eligible for those uncashed checks as underpayments. Since that doesn't apply here, another option is to check if your husband's brother had any outstanding medical bills from the month he died - there's a provision where those benefits can sometimes be applied to those expenses if properly documented. Also, when you contact SSA, ask specifically about the "underpayment" process rather than just about getting the checks. The representative will be able to determine if there's any possibility of receiving those funds under specific circumstances. The death benefit application (for the $255) is Form SSA-8 which you can download from ssa.gov and submit with the death certificate.