Military retirement and ss check same month as death?
My ex mother in law is about to die. She gets a retirement check from the military and ss benefits. Her checks come in on the first of the month. If she dies after the first of the month, doesnt the family have to return those checks since she didnt live through the month. I have heard this and the family doesnt think this is correct. Thanks for any information.
Public Comments
- For social security: "If the deceased was receiving Social Security benefits, you must return the benefit received for the month of death or any later months. For example, if the person dies in July, you must return the benefit paid in August." http://www.ssa.gov/pubs/10008.html For military retirement, I have heard (but do not know this for a fact) that if the recipient receives a check after death, if the check is not returned, the executor will receive a 1099 from the IRS for the amount of the check which must be declared as taxable income. You may wish to check with the retirement plan administrator for definite rules.
