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 19:39:13 · 4 answers · asked by U-man 3 in Family & Relationships ➔ Family
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 20:10:15 · update #1
What's in it for you is the knowledge that you did the right thing. First off you provide for the education of your children, his children or any other nieces and nephews. The you pay off any of his outstanding bills so that the rest of the taxpayers won't have to and then if there is anything left over, go on a cruise and thank your brother for the wonderful time.
But I hate to break this to you, in most states that money is going to go to the ex-wife if no one else is listed past your brother. Prepare yourself for that eventuality.
2006-12-06 23:52:46 · answer #1 · answered by Mel H 1 · 0⤊ 0⤋
This is an interesting situation, and you should check with a lawyer. When your "other brother" died in 2001 while your unmarried brother was still living, then his "retirment from work" folded back into his estate, so that upon his death, his estate first goes to his nearest kin, and that's you. The children of the "other brother" are not entitled to the "retirement from work", because their father died before your unmarried brother died. As I said, better get a lawyer and move fast, because this is confusing enough for other people to get this mixed up and you lose out.
2006-12-07 03:45:57 · answer #2 · answered by Scythian1950 7 · 0⤊ 0⤋
The money will go to the child of your brother.
2006-12-07 04:00:10 · answer #3 · answered by burning brightly 7 · 0⤊ 0⤋
if its worth it get a lawyer an claim you're next of kin.
2006-12-07 03:42:05 · answer #4 · answered by ucla bruin fan! 4 · 0⤊ 0⤋