[WSBAPT] Small Estate Affidavit and Social Security overpayment

[Sara Longley]

Hello listmates,

I have a client/beneficiary who hopes to claim a small bank account via the Small Estate Affidavit process.  The only known debt is a Social Security payment made during the month of Decedent's death that was not clawed back before the bank account was frozen.

Problem: the Small Estate Affidavit process requires the beneficiary to handle all debts prior to claiming the asset, and my client is not in a financial position to pay the Social Security bill before receiving the bank funds.  Does anyone have experience working with the Social Security Administration on this type of matter?  Alternatively, should my client simply deduct the amount of the overpayment from the amount she claims from the bank account?

Thanks for any words of wisdom you can offer,
Sara


[cid:image001.png at 01DB0E74.D67AAA40]

Sara D. Longley, Attorney

(Main) 360.378.4450 ext. 107

(Direct) 360.468.7230

Slongley at pnwtaxlaw.com<mailto:Slongley at pnwtaxlaw.com>

www.pnwtaxlaw.com<http://www.pnwtaxlaw.com/>



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