Social Security survivor benefit question - can estate receive deceased's January payment?
My sister-in-law unexpectedly passed away on December 27th. My husband is named as executor of her estate, and we're trying to sort through all the financial aspects now. Someone told us that her estate is entitled to receive her January 2025 Social Security payment even though she passed in December. Is this actually true? The local SSA office is impossible to reach by phone (constant busy signals), and we don't want to make a 2-hour drive if this isn't even a real thing. Has anyone dealt with this situation before? What documentation would we need to provide if this is legitimate?
18 comments
Madison King
I'm sorry for your loss. Unfortunately, that information is incorrect. Social Security benefits are not payable for the month of death or any months following. Since she passed in December, the December payment would be the last one she was entitled to receive. If she already received a January payment, it would need to be returned to SSA.
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Vanessa Chang
•Thank you for clearing that up. She hadn't received a January payment yet, so at least we don't have to worry about returning anything. I appreciate the quick response.
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Julian Paolo
actually i think it dpends on the day of the month? my grandpa passed on the 30th last year and they said since he lived almost the entire month he was entitled to that months check but nothing after. might wanna double check the exact rules
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Madison King
•That's not accurate. Social Security benefits are paid in arrears - meaning the payment received in January is actually for December. The rule is that you must live through the entire month to be entitled to that month's payment. Since OP's sister-in-law passed on December 27th, she did not live through the entire month of December, so technically even the December payment might need to be returned if it was already received.
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Ella Knight
We just went through this last year with my mother in law, and it was so confusing!!! The SS office told us that she wasn't entitled to the payment for the month she died (which was april) but then they DIDNT ask for that money back even though it was direct deposited??? So we were totally confused about what we were supposed to do. Did anyone else have this happen?? The whole system is SO FRUSTRATING.
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William Schwarz
•The same exact thing happened when my father passed! They said one thing but then did another. I think they sometimes just let it slide depending on the situation or maybe the individual agent handling the case? The inconsistency is maddening.
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Lauren Johnson
To clarify the rules: 1. Social Security benefits are paid in the month following the month for which they are due. Example: February's payment is for January's benefits. 2. A beneficiary must live the entire month to be entitled to that month's payment. 3. Since your sister-in-law passed on December 27th, she did not live through the entire month of December. Therefore: - No January 2025 payment (which would be for December 2024) is payable - If a December 2024 payment (for November 2024) was already received, that can be kept - Any direct deposits received after death must be returned As executor, your husband should contact SSA to report the death if not already done. They will stop payments automatically when they receive the death certificate from the funeral home, but it's best to be proactive.
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Vanessa Chang
•Thank you for the detailed explanation. We did notify SSA of her passing already, but haven't been able to get clear information about what happens with the payments. It sounds like we definitely won't be receiving any January payment then.
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Jade Santiago
I know how frustrating it can be trying to reach SSA to get these questions answered. When my uncle passed away last year, I spent DAYS trying to get through to a real person. I finally used a service called Claimyr (claimyr.com) that got me connected to an agent within 20 minutes instead of waiting on hold for hours. They have a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. Saved me a ton of time and stress during an already difficult period. You might find it helpful for getting official answers about your sister-in-law's benefits situation.
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Vanessa Chang
•Thanks for the suggestion. We'll look into that if we need more specific information. Right now it seems pretty clear from the responses here that there's no January payment coming.
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Julian Paolo
•does that actually work?? i tried calling social security like 15 times last month and kept getting disconnected!!
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Caleb Stone
My condolences. When my wife died we got so much conflicting information from different SSA employees! Such a nightmare during an already difficult time. Turns out there's something called a "death benefit" payment of $255 that your husband might be eligible for as next of kin. It's not much but it's something.
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Lauren Johnson
•Good point about the lump-sum death payment of $255. To clarify though, this payment is generally only available to a surviving spouse who was living with the deceased or to a qualifying child. Since the situation involves a sister-in-law, her spouse (if she was married) would be the one eligible to receive this payment, not the executor of the estate.
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Caleb Stone
•Oh you're right - I misunderstood the relationship. Sorry about that confusion!
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Ella Knight
WAIT I just realized - are we talking about SSI or regular Social Security retirement?? Because I think the rules are different for each one!! My mom was on SSI and those rules were completely different from what people are saying here!!!
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Madison King
•Good question for clarification, but the rule about not being entitled to benefits for the month of death actually applies to both regular Social Security retirement/survivors/disability (OASDI) and SSI. The main difference is in how they handle payments already made. For SSI, payments are for the current month, while regular Social Security payments are for the previous month.
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Vanessa Chang
Thank you everyone for the helpful information. My sister-in-law was receiving regular Social Security retirement benefits, not SSI. Based on your responses, it sounds like we should: 1. Not expect any January payment 2. Make sure we notify SSA about her passing (already done) 3. Be aware that even the December payment might need to be returned if it was received after her death I really appreciate all the guidance during this difficult time. Dealing with all these administrative tasks while grieving isn't easy.
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Lauren Johnson
•You've summarized it perfectly. And yes, these administrative tasks are incredibly challenging during a time of grief. Just take it one step at a time. Remember to check if there are any other potential survivor benefits that might apply to her immediate family members, if applicable.
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