Long story short, my wife’s aunt has been using the money that was directly deposited into the grandmothers bank account. Granny has been dead for 4 1/2 years now. Social Security is still depositing money into her bank accounts and her credit cards are still open and being used by this aunt, which would be one of her daughters.

They also found out that wall granny was on her deathbed in the hospital, the aunt went and cleared out grannies safe deposit box. Mind you that granny grew up during the great depression and kept cash instead of money in a bank account with a written well. Supposedly, there was over $200,000 cash in that box but the aunt claimed there was nothing. Common sense tells me that if you have a safe deposit box, you were not leaving it empty.

My mother-in-law, who is quite poor, went to go check on an account that her mother had and was talking to the banker about the account. Seems at one point there was over $70,000 in there but now there is $300. Banker told my mother-in-law that someone has been withdrawing money every month. Right before she died, granny was not doing very well in state of mind and signed power of attorney to the aunt.

This has devastated my mother-in-law in many ways: her sister stealing from their mother, lying to the family, treating the family like this.

Supposedly the account has been frozen for investigation.

What’s the worse that can happen to someone who has been spending a dead persons social security for the past 4.5 years?

We, my wife and I, always found it fishy that the aunt was living a lifestyle seemingly beyond her means at a hospital job as a scheduler/coordinator. Nice house, lawn maintenance service, Lexus, new big screen TVs, new leather furniture, new bed sets, etc.

May 14 update:

Wife was talking to her mom last night and her mom said that the bank has requested her and her sister to come into the branch on Friday because the account has been frozen.

My guess is that there will be someone there waiting for them to talk to them about the accounts who does not work for the bank. The bank manager believes that my mother-in-law did no wrong because she never withdrew any money from that account. It was a joint account with my mother-in-law and her mother. My wife’s aunt got onto the account and had access to it after if she convinced granny to sign a POA.

I think some shit is about to hit the fan on Friday. I do not feel bad for the lady at all. Branch manager told my mother-in-law that over the course of the past 4 years or so, over $76,000 was withdrawn from that account. The aunt Banks at the same bank and deposited the money into her account. It was after granny died that she moved out of her apartment and bought a home. Then furnished the entire home.

I hope she sees prison.

This message has been edited. Last edited by: Edmond,

Report this to the SSA Office of Inspector General (OIG). The least that can happen, should this allegation be true, is that the aunt will have to repay said deposits (4.5yrs) to the SSA. Other consequences may also happen.

On a personal side, doing this may irreparably harm the relationship between your wife and her relative..... something for her to consider!

Best of luck!

Let her think about it, but personally, I would have nothing to do with a relative whole stole. I would also refer this for prosecution as soon as possible. The woman is a felon.

The aunt has basically stolen SS funds from the Government that should have gone to legitimate recipients. Follow odin's advice. She won't be able to argue she didn't know grandmother died and she'll either have to pay it back, do jail time, or both. Sounds like she may have enough assets (ripped off from grannie, perhaps) to pay restitution.

You've got a real winner there. If she also doesn't have proof that grannie's will gave her those assets, then she may not have reported it to the IRS and the Treasury dept may also want to come after her for back taxes.

Wow. Very sad.

Let me guess, your wife's aunt felt she deserved the money because (1) she was the emotional or primary care giver to your departed grandmother, or (2) since she had so little compared to her sisters and their families, it was only right. Or something like that.

As for empty safe deposit boxes, my recently departed FIL had a lot of money through prudent savings and investment, but he also had an empty safe deposit box that sat empty for at least a decade...

[QUOTE]Originally posted by odin:
Report this to the SSA Office of Inspector General (OIG). The least that can happen, should this allegation be true, is that the aunt will have to repay said deposits (4.5yrs) to the SSA. Other consequences may also happen/QUOTE]

This. In spades. Now.

I have ZERO sympathy for SSA fraud of any variety. Disability fraud? Dead relative? Misuse of a "dormant" number? Fry 'em all.

"Worst case" for the thief is a Federal theft prosecution. 4.5 years will be a significant loss to SSA, and the sentencing guidelines jump after $95K.

Any 'Power of Attorney' EXPIRED the date that Granny died. Unless the aunt was a joint account holder (prior to getting Power of Attorney), she was not entitled to do anything with ANY funds after Granny died, and any account activity after that date is fraud.

Estate Laws vary from state to state, but regardless the bank would 'freeze' the account upon notification of death of the account holder unless there is a 'valid' joint account holder. In the case of a joint account, things are/can be less clear. In any case, all electronic deposits from SSA (after date of death) are returned to the Treasury, at which point it becomes a nightmare to recover the funds the deceased was entitled to....Ask me how I know!

Any named Executor, would be able (is obligated) to set up an Estate Account, and then act in accordance with the Will AFTER satisfying any remaining debts of the deceased.

It sounds like the aunt is in serious trouble here!

Money does strange things to people especially relatives.
If I wanted to spend a couple hours typing I could tell you a story about my uncle who passed,his son, the neighbor and the attempted kidnapping not once but twice of the son to gain control of my uncles estate.
In the end it all worked out but what a story.
As far as what to do, it sounds like some one has started the process by having the accounts frozen.
As far a the safety deposit box,years ago a family member passed away and my father was in charge of the estate. My father lives in NJ and while helping him I found a safety deposit box my relative had in FL.
My father flew all the way down to find it was empty. So it might not be that uncommon.
I am not sure how owning a box works.

Report it. Now.

Click here: Report Fraud

Report it to the SSA and to the local police where the banking occurs. And report it to the bank.

Proving cash was in there may be hard to prove but stealing SS funds for several years, big problem and Federal. Hopefully they didn't spend all of the cash and there is some sort of record and it is recoverable.
I'm kind of surprised that Social Security didn't know already but that doesn't get someone off from defrauding them.
When each of my parents died, I notified Social Security within days. They said they already knew as the info is filed for the death certificate and sent to them quickly by some governing agency (in our county, the Probate Court) that files the death records.

quote:

Originally posted by 229DAK:
Report it. Now.

Click here: Report Fraud

Yes indeed.

Report that bitch and let her rue the day...

quote:

Money does strange things to people especially relatives.

You're not kidding. I have some close friends that had their family torn apart when it came to money from a relative who passed away.

quote:

They also found out that wall granny was on her deathbed in the hospital, the aunt went and cleared out grannies safe deposit box. Mind you that granny grew up during the great depression and kept cash instead of money in a bank account with a written well. Supposedly, there was over $200,000 cash in that box but the aunt claimed there was nothing. Common sense tells me that if you have a safe deposit box, you were not leaving it empty.

For the aunt to gain entry to the box she would have to be listed on the bank's paperwork. That essentially makes her co-owner of whatever is kept within the box. Were that not the case, the bank would have denied her entry.

Beyond that, you would be surprised. I open safe deposit boxes regularly due to court order, death, lost keys, etc. You would be surprised at how many contain insignificant things.

A few month back we had an interesting thing happen. The bank had a court order to open the box of a deceased customer, but this particular vault contained two sections of boxes that shared the same numbers. Essentially, the court wanted box number 123 opened, but didn't specify which one. The bank went through their paperwork, which also didn't specify which box. With the bank's blessing we made an educated guess. 50-50 that we get the right one, and if not the bank would need to call their other customer and deal with that mistake.

We open the box, and it was completely empty. This box was rented starting in the 1980s, so we are going on almost 40 years at this point. The family suggested the same thing. Surely a box wouldn't be rented for 40 years and be empty. They wanted me to open the second box with the same number.

I suggested prior to opening the second box we have the bank pull the signature cards to see who and when was in the box last. The card was signed exactly one time, dated the day the box was opened. In 40 years the person renting the box had never accessed it.

It happens. A lot.

Sounds like the Aunt's karma rests with the SSA at this point.
I have a worthless Aunt that I have known was a POS since I was a toddler.
Say goodbye to her and report her is my suggestion.

And what do you want to bet that often these 'dead' relatives request absentee ballots, from time to time... You know it happens...

That sucks, I'd report it to the proper folks and let them sort it out.

Sadly I just had a death in my family and while speaking to the funeral home they told me that they electronically notify social security about the deceased. I would definitely notify ss about what the aunt was doing.

The title to bank account and POA will be significant. If granny came in and signed the POA with aunt at the bank itself and you can prove she was not capable of granting that, you may have a case against the bank. If they acted improperly or didn’t recognize potential elder abuse they could be in a shit storm. I have to go through quarterly trainings on how to recognize it if and to report it up the chain.

The Safe deposit money is gone I’m afraid unless they let her improperly access it but god luck ever proving there was money in there.

Your Family needs to make a decision to go scorched earth and write off this person forever or not.

quote:

Originally posted by Edmond:
What’s the worse that can happen to someone who has been spending a dead persons social security for the past 4.5 years?

Was anyone named as an executor/administrator of granny's estate? That person had a responsibility to notify Social Security of the death.