If my late mom did not list me as a beneficiary of her Will, do I still have rights to her pension?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my late mom did not list me as a beneficiary of her Will, do I still have rights to her pension?

She did not put me in her Will but it is very detailed and says she wanted me to have everything else in her estate. Can I fight for her pension?

Asked on December 11, 2012 under Estate Planning, North Carolina

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

You need to determine the rules of the pension; if she had any cash value left in the pension, then yes you could still go after the pension. Question, did your mother mention you at all in the will? If not, then you may have a beneficiary right in her will as a pretermitted heir, meaning she may have not intended to leave you out of her will. Check it out.

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

A will usually does not determine who receives a pension.  First, a "pension" may terminate upon the death of the recipient.  If it does not, then it would go to the person or persons listed as beneficiary on the pension.  Your mother's estate could have been listed as the beneficiary.  If she did not list anyone, or everyone listed has also died, the pension may go to her estate.

I do not understand why you say your Mom did not put you in her will but it says everything else should go to you.  It sounds like your Mom left you her "residuary estate," which means you get everything that is not specifically listed.

I suggest you find a probate lawyer in your area who will give a free consultation.  Take the papers to that lawyer and find out what your rights are.

 


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