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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Oh also when your at the SSA office, ask for a new SS CARD for you (so its all freshy fresh) AND a copy of your husbands “deceased individual social security record”. It’s any easy free print out for them to do.
BUT if you think MIL is going to be difficult and your likely to go to court against her, SSA can do a certified version of “deceased record”. For a filing at the courthouse, you will need the certified one. This version is NOT free. Like $20 & it’s a legal document.
Since he is dead, MILs Representative Payee for him status is over. If there are funds left in his bank accounts where he put his SS $, that is an asset of his estate and should be used to pay debts of his estate. The sticky then will be IF your MIL has signature ability on the account(s) and if she is likely to drain them.
I’m guessing that there is an antagonistic relationship between you & MIL, as she & not you was named representative payee. My answers are skewed to her being not nice, not cooperative to you when Sonny was alive & likely to be more so now.. (Sorry if I’m wrong too). I’d suggest you be very proactive in securing your rights... first suggestion- -1 if you do not have death certificate, get some. Most states have this as online process. But if there’s anyway you can get some (maybe 6) in person - like from coroners office or at the courthouse- then go and get them. If they have to “type” them out, have them put your address on the certificate. Take your iD and marriage license. - 2 You as the surviving spouse should get an increase in your own SS check based on what his was & what yours is and when you both started drawing benefits. On you own go to a SSA office to find out the status on the changes and make sure that SS $ is going to your solo bank account. SSA - in my understanding- should transition the payments automatically by month 3 at the latest as both your information is already in their database. Take your ID, marriage license, your check book with deposit slips. You should not need his death certificate as SSA should already have his death on file and stopped any of his SS benefits. I wouldn’t go into details on your MIL or why she’s was rep payee..... that’s drama they don’t need to know, ok?
2b Now some banks have a form they do with their ABA routing # & your DD# all ready to get scanned by SSA, maybe call your bank today to see if they do & go to get that. If this is the same bank as hubs, when your physically at the bank ask the bank officer (not a teller) if his account has been “frozen”. If it hasn’t then maybe as your the surviving spouse they can put a 30 day freeze on it. Dress nice and do you best to stay calm and collected at the bank & have your ID and marriage license. Then early manana get to a SSA office. Survivors benefits aren’t an online process, you need to go in person. I’ve been accompanying a friend in their SSA spouse drama (deceased ex hubs & swapping benefits stuff) & SSA staff has been incredibly efficient, funny and patient, & I’ll admit I was beyond surprised how helpful.
- 2c Also SSA pays a 1 time death benefit of about $255.00. It should come to you as the surviving spouse. When at SSA office Ask what the status is on death benefit and it should go DD to you into your solo bank account. It should not have gone to his old DD, & if it has ask SSA if they can do a clawback.
- also if he died end of Jan, I’d bet SS paid Feb. BUT the Feb check will need to get a clawback as he did not live the entire month of January. Its past midMarch so a clawback has been attempted. Ask at SSA if there was any issues with the clawback of the February issued check. If there was..... get them to make a copy of the attempts with dates that SSA tried to get the February check but it was NSF. This is important as you may need this for court later on depending on the answers to the ?s below... - was there a prenuptial that separated both assets & income till beyond the grave? - did he do a will and who was named executor in his will? - is there a life insurance policy and who is named its beneficiary?
I'm not sure what state you are in, but, I'd consult with an attorney to inquire about getting what some states call Widow's allowance or surviving spouse benefits. You might come ahead of creditors for that money. An Elder Law attorney might help or you might check with the Estate division of your county courthouse.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
BUT if you think MIL is going to be difficult and your likely to go to court against her, SSA can do a certified version of “deceased record”. For a filing at the courthouse, you will need the certified one. This version is NOT free. Like $20 & it’s a legal document.
I’m guessing that there is an antagonistic relationship between you & MIL, as she & not you was named representative payee.
My answers are skewed to her being not nice, not cooperative to you when Sonny was alive & likely to be more so now.. (Sorry if I’m wrong too). I’d suggest you be very proactive in securing your rights... first suggestion-
-1 if you do not have death certificate, get some. Most states have this as online process. But if there’s anyway you can get some (maybe 6) in person - like from coroners office or at the courthouse- then go and get them. If they have to “type” them out, have them put your address on the certificate. Take your iD and marriage license.
- 2 You as the surviving spouse should get an increase in your own SS check based on what his was & what yours is and when you both started drawing benefits. On you own go to a SSA office to find out the status on the changes and make sure that SS $ is going to your solo bank account. SSA - in my understanding- should transition the payments automatically by month 3 at the latest as both your information is already in their database. Take your ID, marriage license, your check book with deposit slips. You should not need his death certificate as SSA should already have his death on file and stopped any of his SS benefits. I wouldn’t go into details on your MIL or why she’s was rep payee..... that’s drama they don’t need to know, ok?
2b Now some banks have a form they do with their ABA routing # & your DD# all ready to get scanned by SSA, maybe call your bank today to see if they do & go to get that. If this is the same bank as hubs, when your physically at the bank ask the bank officer (not a teller) if his account has been “frozen”. If it hasn’t then maybe as your the surviving spouse they can put a 30 day freeze on it. Dress nice and do you best to stay calm and collected at the bank & have your ID and marriage license.
Then early manana get to a SSA office. Survivors benefits aren’t an online process, you need to go in person. I’ve been accompanying a friend in their SSA spouse drama (deceased ex hubs & swapping benefits stuff) & SSA staff has been incredibly efficient, funny and patient, & I’ll admit I was beyond surprised how helpful.
- 2c Also SSA pays a 1 time death benefit of about $255.00. It should come to you as the surviving spouse. When at SSA office Ask what the status is on death benefit and it should go DD to you into your solo bank account. It should not have gone to his old DD, & if it has ask SSA if they can do a clawback.
- also if he died end of Jan, I’d bet SS paid Feb. BUT the Feb check will need to get a clawback as he did not live the entire month of January. Its past midMarch so a clawback has been attempted. Ask at SSA if there was any issues with the clawback of the February issued check. If there was..... get them to make a copy of the attempts with dates that SSA tried to get the February check but it was NSF. This is important as you may need this for court later on depending on the answers to the ?s below...
- was there a prenuptial that separated both assets & income till beyond the grave?
- did he do a will and who was named executor in his will?
- is there a life insurance policy and who is named its beneficiary?