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01-23-2011, 11:19 AM | #11 | ||
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In re-reading the question, I now realize that the question may not have meant what I originally thought. Was the original poster referring to the underpayment due the deceased, or ongoing survivor benefits? My answer had nothing to do with receipt of survivor benefits. A father's obligation to pay child support does not then become the responsibility of the child who receives survivor benefits. The father's debt will not be garnished from the child. |
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01-23-2011, 02:18 PM | #12 | ||
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I was asking what happens to the SSI money should the deceased die before collecting. He was basically penniless and I don't know how SSI works. Does the approved have to wait the 6 month waiting period before being eligiable for SSI? He more than likely didn't pay taxes on his unemployment so I guess the SSI money doesn't go towards that or child support but does the survivor get it or no one gets it?
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01-23-2011, 05:49 PM | #13 | ||
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There could be a rule I'm not aware of. |
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01-23-2011, 09:20 PM | #14 | ||
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So he got a favorable decision and then died before the money was paid The link I gave shows the priority of paying an SSDI underpayment due a deceased. Spouse living with is first. Then an entitled child. The estate is last on the list if there is no one of higher priority and the estate may have to pay legal debt which may include the child support or the IRS. I am not sure of that. The five month waiting period still applies for SSDI, but that should have been over sometime in the past. If this is an SSI question, I have a different answer. |
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01-23-2011, 09:26 PM | #15 | ||
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And yes, there are limits on the retroactivity of survivor and auxilliary claims. But the original question was about underpayment due a deceased. |
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01-23-2011, 10:58 PM | #16 | ||
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01-24-2011, 12:23 AM | #17 | ||
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http://ssa-custhelp.ssa.gov/app/answ...o%20pay%20back Last edited by legalmania; 01-24-2011 at 02:53 AM. |
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01-24-2011, 02:49 AM | #18 | ||
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Here is a little info on taxes and decedents.
http://www.irs.gov/pub/irs-pdf/p554.pdf Decedents compensation for services, interest, dividends, rents, royalties, income from partnerships, estate or trust income, A personal representative of a decedent’s estate can be an gain from sales or exchanges of property, and business executor, administrator, or anyone who is in charge of the income of all kinds. decedent’s property. Under special provisions of the law, certain items are If you are acting as the personal representative of a partially or fully exempt from tax. Provisions that are of person who died during the year, you may have to file a special interest to older taxpayers are discussed in this final return for that decedent. You also have other duties, chapter. such as notifying the IRS that you are acting as the personal representative. Form 56, Notice Concerning Fiduciary Relationship, is available for this purpose. Compensation for Services When you file a return for the decedent, either as the personal representative or as the surviving spouse, you Generally, you must include in gross income everything should write “DECEASED,” the decedent’s name, and the you receive in payment for personal services. In addition to date of death across the top of the tax return. wages, salaries, commissions, fees, and tips, this includes If no personal representative has been appointed by the other forms of compensation such as fringe benefits and due date for filing the return, the surviving spouse (on a stock options. joint return) should sign the return and write in the signa- You need not receive the compensation in cash for it to ture area “Filing as surviving spouse.” be taxable. Payments you receive in the form of goods or For more information, see Publication 559, Survivors, services generally must be included in gross income at Executors, and Administrators. their fair market value. Surviving spouse. If you are the surviving spouse, the Volunteer work. Do not include in your gross income year your spouse died is the last year for which you can file amounts you receive for supportive services or reimbursea joint return with that spouse. After that, if you do not ments for out-of-pocket expenses under any of the followremarry, you must file as a qualifying widow(er) with de- ing volunteer programs. pendent child, head of household, or single. For more · Retired Senior Volunteer Program (RSVP). information about each of these filing statuses, see Publi- cation 501. · Foster Grandparent Program. If you remarry before the end of the year in which your · Senior Companion Program. spouse died, a final joint return with the deceased spouse cannot be filed. You can, however, file a joint return with · Service Corps of Retired Executives (SCORE). your new spouse. In that case, the filing status of your deceased spouse for his or her final return is married filing Unemployment compensation. For 2009, you must inseparately. clude in income all unemployment compensation you reThe level of income that requires you to file an ceived that is more than $2,400. If married filing jointly, income tax return changes when your filing status include any unemployment compensation received by CAUTION changes (see Table 1-1). Even if you and your your spouse that is more than $2,400. ! deceased spouse were not required to file a return for More information. See Publication 525, Taxable and several years, you may have to file a return for tax years Nontaxable Income, for more detailed information on speafter the year of death. For example, if your filing status cific types of income. changes from filing jointly in 2008 to single in 2009 because of the death of your spouse, and your gross income Page 6 Chapter 2 Taxable and Nontaxable Income |
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01-24-2011, 09:40 AM | #19 | ||
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Yep- I told him he was awarded so quickly because he had a dire need case.
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01-24-2011, 09:52 AM | #20 | ||
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If there is an underpayment due after the waiting period that was never paid to your friend, then whoever is payee for the child can apply for the underpayment to be paid to the payee on behalf of the child. The form is an SSA-1724.
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