Recently my unmarried brother died in California. He has no will that we know of. I am the closest survivor (sister). However, his retirement from work listed the beneficiary as my other brother (deceased in 2001). Don't know if I am also listed or not. The other brother had a child and wife (not the mother of said child). I am not mercenary, but wonder what's in it for me.
2006-12-06 19:37:04 · 6 answers · asked by U-man 3 in Politics & Government ➔ Law & Ethics
Bob, the recently deceased brother, worked for Social Security. His work started the process and sent papers to who was listed as the beneficiary - in this case Pat, the deceased brother. Pat's wife was surprised by this, so "talked" with a lawyer friend who suggested she would have to "file the papers" to get the process started for the retirement money to be "released" to someone. My husband, playing devil's advocate, said that the money could go to Pat's already closed estate, in which case his wife would be entitled. In that case, then Pat's son could also request that money as the next of kin in the "closed estate." Confused? Me too. Don't know yet if it necessitates a lawyer in my own defense or not. Pat's wife said "I will get the money to you." But of course a verbal agreement in an estate settlement can change. LOL
2006-12-06 20:12:29 · update #1
It should go to the closest living blood relative unless otherwise indicated in the will. If you have any specific questions you should contact whatever lawyer or lawfirm that is handling his will/estate/whatever.
2006-12-06 19:46:54 · answer #1 · answered by ~*~Feelin' Froggy~*~ 4 · 0⤊ 0⤋
Spouses of brothers and sisters are not family members and do NOT automatically inherit in the place of the deceased siblings. Under normal rules, you should inherit before your sister-in-law unless your deceased brother named his sister-in-law as the secondary beneficiary. Pension plans are subject to ERISA which is a very complex federal law, so your state's general probate laws probably won't apply. If there is a significant amount in the pension plan, talk to an attorney.
2006-12-07 04:48:49 · answer #2 · answered by mattapan26 7 · 0⤊ 0⤋
Seems to me that it would go to you! Your brother, who was named, was deceased, and as he was the next in line would be other direct family members! I don't think your brothers wife, who husband was deceased 2 years prior, has any claim! She isn't named, and the progression is not an automatic one in her case. If your brother was alive when the other died she may have had a claim, depending on your brothers will, but he wasn't and the deth of your first brother leaves no claim other than those recognized by law!
Talk to a lawyer!
2006-12-07 04:05:07 · answer #3 · answered by cantcu 7 · 0⤊ 0⤋
More than likely, the other brother's family will have the most to gain.
2006-12-07 04:06:24 · answer #4 · answered by kitty fresh & hissin' crew 6 · 0⤊ 0⤋
It would be the closest living relative, check to see if you are listed. Best wishes.
2006-12-07 03:47:08 · answer #5 · answered by Janice 10 7 · 0⤊ 0⤋
His wife comes first before surviving siblings.
2006-12-07 03:45:00 · answer #6 · answered by uknowme 6 · 0⤊ 1⤋