QUESTION
How can my sister and I get our mom's pension?
Asked on Nov 26th, 2013 on Estate Planning - Michigan
More details to this question:
My mom passed away three weeks ago and had no beneficiary in her pension. How can we get the pension? My sister and I were her beneficiary's only for her life insurance and we were her power of attorney for health and my sister was her POA for financial.
15 ANSWERS
Corporate/Business Attorney serving Beachwood, OH
at
Christine Sabio Socrates Attorney at Law
Update Your Profile
I am sorry about the passing of your mother. If her pension did not have beneficiary designated, it will be payable to her estate. Therefore, you will need to open up a probate estate in the county in which she resided. If she has a will, you will need to apply to probate that as well. If she did not have a will, one of you will need to apply to be administrator of the estate and settle all of her debts and distribute her assets, including the pension.
Answered on Dec 04th, 2013 at 3:59 PM
You and/or your sister can petition the probate court to name you or her as the executor of your mother's estate. If no beneficiary was listed for her pension it would become part of her estate, to be distributed according to her will or the intestacy laws of the state.
Answered on Dec 02nd, 2013 at 9:16 AM
Litigation Attorney serving St. Louis, MO
at
Probate Law Center Richard J. Keyes, PC
Update Your Profile
Very few, if any, pension benefits go to children of the decedent. The pension benefits stop upon the death of the pensioner. Please note that pension benefits are different than 401(k)s. You and your sister should have the right to receive your mother's 401(k) if that is what she had and not a pension.
Answered on Dec 02nd, 2013 at 9:15 AM
Probate Attorney serving Saratoga, CA
at
Douglass Law Group
Update Your Profile
If you and your sister were the only children, you will receive the pension, however, most likely will need to open a probate. Given that there is no named beneficiary, the company will pay to "The Estate." If the value of the pension is under $150k, California provides for an alternate process that may allow you to collect the pension without going through probate.
Answered on Dec 02nd, 2013 at 9:15 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You need to open a probate estate to pass property that did not go to you as a beneficiary. However, I am not sure that a pension can be passed on. Generally, it ceases when the person dies. You could talk with the pension office to see what they say.
Answered on Dec 02nd, 2013 at 9:13 AM
Generally,a pension would end on her death unless she elected before she retired some form of survivor or guaranteed term of benefit, both of which would have reduced the amount of her monthly pension benefit during her lifetime.
Answered on Dec 02nd, 2013 at 9:13 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
If there is a death benefit for the pension, which would be somewhat unusual, the first step is to contact the company to see how they handle that. Probate might also be necessary.
Answered on Dec 02nd, 2013 at 9:03 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
You need to talk to the pension benefits paying organization for whom she was employed.
Answered on Nov 27th, 2013 at 4:58 PM
2 Awards
If it is less than $150,000 you can file a small estate affidavit under probate code section 13100 after 40 days have passed. If more than $150,00 you will need an attorney to help you through probate. This assumes that the pension had death benefits. Good luck.
Answered on Nov 27th, 2013 at 4:15 PM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
The rules vary. Talk to the company that administers the pension plan. They will tell you what you need to do.
Answered on Nov 27th, 2013 at 4:15 PM
You will have to contact the pension to confirm that there are survivor's benefits. Many pensions terminate upon the death of the recipient. If there are benefits, then you will need to fill out the paperwork required by the plan to prove that you and your sister are her heirs.
Answered on Nov 27th, 2013 at 1:57 PM
Neal Michael Rimer
Assuming that her pension does not end with the end of her life, contact the administrator of the pension and see what they have to say about the situation. If the amount is small, you may be able to give them an affidavit and collect the pension balance. Otherwise, you need to go into probate. The estate would be the beneficiary and probate will resolve the title, payment, and distribution.
Answered on Nov 27th, 2013 at 1:57 PM
Check with the pension administrator. Someone was named the death beneficiary on the documents when the pension was established.
Answered on Nov 27th, 2013 at 1:56 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You can see an attorney with the details but generally there is no pension following the death of the pensioner.
Answered on Nov 27th, 2013 at 1:56 PM
3 Awards
I am sorry for your loss. Sounds like a probate may need to opened. I suggest that you speak with a probate attorney where your mother resided. Best of luck to you.
Answered on Nov 27th, 2013 at 1:56 PM