What to do if my late mom’s prior employer contacted her shortly before her death, with money owed her for a pension which was never paid out?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my late mom’s prior employer contacted her shortly before her death, with money owed her for a pension which was never paid out?

She was in her final weeks of living, age 89, when this all came about. The paperwork was signed by her days before she died, the amount is roughly $21,000 for her IRA and $170,000 in another check. The check should have been received by her at the beginning of this month, however she passed 3 weeks prior. Her daughter has a joint bank account and is executrix. The family received checks today and on the face it says that it’s void if the recipient is deceased. Should checks be deposited and should we retain an attorney since the money was owed to her while she was living and through their error, she was never paid?

Asked on December 31, 2013 under Estate Planning, New Jersey

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

Yes, you should seek an attorney as the checks could be dishonored by the bank and you might lose an important link in the chain of evidence.  Seek an attorney with experience in Probate/Elder law.  Good Luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption