Surviving spouse death

Discussion in 'General Discussion' started by Dennis Dorsey, May 9, 2016.

  1. Dennis Dorsey

    Dennis Dorsey Newbie

    My mom has been receiving survivor benefits for a year. I understand that benefits are paid a month in arrears, correct me if wrong on that. Using a hypothetical, if she died on August 15th and the normal deposit would be on September 1st. Would that be prorated or would ALL of that need to be refunded to the VA?

    Is there any death benefit for burial etc. with an aid and attendance?
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    Dennis,

    About your hypothetical question, yes if your mother passed away on August 15th then she/her family would have to return the money for August and September if it was deposited in September as well. It's definitely not fair and it's not a rule I am a fan of, but that is how it is right now.

    As for burial and any last death benefits:
    Whatever amount of retroactive funds (accrued money) the applicant was owed before their death, up to that amount is what the son/daughter, etc. can claim on the 21-601 Application for Accrued Amounts due a Deceased Beneficiary. (http://www.vba.va.gov/pubs/forms/VBA-21-601-ARE.pdf)

    Any expense the son/daughter paid on the applicant's behalf while waiting on this award, any deposit to an assisted living facility/nursing home, any shortages they paid each month including final arrangements. Anything they paid from the date of the original application can be claimed against the accrued amount of the applicant's retroactive funds. Make sure to have clear documentation of these expenses. Bank statements and such.
     
  3. Dennis Dorsey

    Dennis Dorsey Newbie

    Just to be clear, and thank you very much for answering, the deposit she gets on August 3rd, which is in arrears I understand, and would be for July would be okay? It is FOR July but paid in arrears. It is the one she would get September 1st (for August) she must return. Do I have that right?
     
    Zenobia Bailey likes this.
  4. Kaylin

    Kaylin Hero Member Staff Member

    Dennis,

    Yes, that makes sense to me. The arrears money that she is owed, is it from after the fiduciary process was taken care of? But yes, she would have to return the September 1st deposit if she passed away in August.
     
  5. Dennis Dorsey

    Dennis Dorsey Newbie

    She was approved and started receiving monthly benefits deposits a year ago. This was just a question about what happens when she passes on.
     
  6. Kaylin

    Kaylin Hero Member Staff Member

    I understand that you're asking about the benefit money and situation of what to do with it after she passes on. I am trying to understand what you mean by the arrears money, because normally an applicant would be owed retroactive funds if they are waiting for the fiduciary process to be completed. I hope I help answered your questions, though!
     
  7. toxdoc49

    toxdoc49 Jr. Member

    What happens if we move my mother in law to an assisted living facility, submit the VA A&A application, and she passes away while we are waiting for approval of the benefit? Do they not pay any of the benefit, even though she was living in a facility such as this? I'm asking in the context of loans that might have to be made to cover the difference in cost while waiting on the benefit. I don't suppose the VA feels any obligation to help pay off a loan for that purpose.
     
  8. Kaylin

    Kaylin Hero Member Staff Member

    toxdoc49,

    If the applicant (your mother) passes during the application process prior to funds being released, the son/daughter or other family member who was helping in the application process is entitled to file against those accrued benefits for expenses associated with the "Last Illness." This is not limited to just the out of pocket expenses incurred for final arrangements not covered by pre-existing arrangements or policies, nor is it for the last ambulance ride.

    You would use Form 21-601 Application for Accrued Amounts due a Deceased Beneficiary. It is recommended to include a certified copy of their birth certificate indicating you are a legal heir. You will also need to list all siblings who may also be entitled to file.
     

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