Thought SS stopped when the beneficiary died? Is he pretending to be your mom so he can collect the checks? Anyway, it's a crime and he can go to jail for it.

SS overpayment definitely gets reconciled by the government. They will require reimbursement by the estate, as will other debtors. I think you should inform the executor and consult an estate attorney ASAP.

Does he have a drug or gambling problem?

Report him to the police.

Who is the executor of the estate.

OP, 13:36 here. Since another poster has also raised the accessory-after-the-fact issue, you should definitely look into it. You may like to give your brother a one-day head's up before you report him, to let him at least turn himself in or be on the phone with you when you make the call so he gets some credit for being part of the reporting, but that's up to you. Of course, he sounds like such an ass, you'd better make sure there's no way he can falsely implicate you if he beats you to the punch.

That is so horrible, OP. I'm sorry you're in this situation. Unfortunately, my advice will probably make it worse, because I really do think you have to call the police and report this.

I'm pretty sure it is both theft and fraud. If you know about it and don't do anything, I think you become liable legally as an accessory to the crime, especially if he somehow continues to do this, and you might also end up feeling ethically/morally responsible as well.

I totally get the huge impulse you're probably feeling to protect your brother and help him financially, but I don't think you have much of a choice here.

Stealing SS is a federal crime. Call the U.S Attorney's Office where this is happening.

Does the bank know she has passed away? Typically they will freeze the account and not let any more checks through. That was my experience anyway. Bank froze everything because someone saw the obituary in the paper.

Anonymous wrote:... which is unfortunately illegal.
I think that he just thinks that I will pay it back for him. But I have already paid thousands of dollars including the whole funeral, and have no more money to pay for this. We have our own debts. He just stood back and let me pay for the whole funeral, while cashing checks illegally... I am just so sad. I told him not to do that, it is illegal ...but he did it anyway.

Call the police immediately.

Ugh. How did you find out? How much money is it? You are NOT obligated to cover for him. And it sounds like he might owe you money, if he stole from the estate and you would have inherited any of it. In fact, you might be under an obligation to report him, if it's clear that you knew; otherwise, are you an accessory after the fact? You might want to consult with a lawyer.

Seek justice for your mom. Turn him in.

My cousin did the same thing when his mom died, and his one and only sibling had breast cancer. Turn his ass in.

so you just stand there when his ass gets arrested

... which is unfortunately illegal.
I think that he just thinks that I will pay it back for him. But I have already paid thousands of dollars including the whole funeral, and have no more money to pay for this. We have our own debts. He just stood back and let me pay for the whole funeral, while cashing checks illegally... I am just so sad. I told him not to do that, it is illegal ...but he did it anyway.