How Do I Distribute Funds When One Of The Parties Provides A Social Security Number That Is Not His?

Ervin Cohen & Jessup LLP
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QUESTION:  I am getting ready to close my receivership and distribute the funds in the estate to the two parties.  I have just learned that the Social Security number one of the parties gave me is not his.  What should I do?

ANSWER:  As a receiver you are the agent of the court.  As such, you must not be a party to any conduct that may not be legal.  You should bring this issue to the court’s attention by filing a request for instructions as to what you should do with the funds under your custody and whether you should notify the IRS and FTB about what is clearly a violation of the law by one of the parties to the case.  Like with all the requests for instructions, you should give the court a recommendation as to how you think you should be instructed.  The use of a false Social Security number is a crime. See 42 U.S.C. §408(a)(7)(B).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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