Legal Question in Wills and Trusts in Massachusetts
My former love/boyfriend of 5 years who I separated from a year ago just passed away unexpectedly/tragically. He had me as his beneficiary on his retirement pension. His mother and step father are trying to have me hand the money over to them or they are threatening to get a lawyer. They said that he had plans to sign it over to his current girlfriend at the time, but didn't mail it in. I'm not sure if this is true or not. They do not like this other woman and don't want her to have the money anyhow. Do they have any legal say in this money? Could they have a case against me since we were no longer together? How do I need to go about making sure I get this money.
2 Answers from Attorneys
Thank you for your question.
I'm sorry that someone you had been very close to passed away. I have handled a case very similar to this in the past, and would be happy to speak with you. The answer is truly that you do not need to turn the money over to anyone, and that the deceased individual had a right to leave his property to whomever he wanted, regardless of whether his parents or others approve.
I haven't looked at this issue in a while, but strongly recommend that you retain counsel if this is a good amount of money.
I am sorry for your loss.
I have handled similar cases but if you were named the beneficiary, the money is yours. Absent fraud on your part, which there appears to be none, you are the beneficiary to whom your former boyfriend wanted the money to be paid
Mr. Vaughn-Martel is correct you should retain an attorney if the amount of money is significant.
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