Legal Question in Wills and Trusts in Massachusetts
My sister died intestate a few years ago. She had no spouse and no children. The only survivors were my father, my siblings and me. My father was designated by the court to execute her few possessions. This year I was contacted by AIG regarding my sister's unclaimed pension of 15K. My mother, who predeceased my sister, was the beneficiary. My father passed away in June this year. So there is no estate for my sister any longer and no administrator. I believe as the oldest sibling this pension comes to me (Massachusetts). Can you tell me the right of pension inheritance in this case? Thank you.
3 Answers from Attorneys
Most likely, yes as the oldest barring a few exceptions. I would need to understand more of the family and the history to provide a definitive answer. you can contact the office anytime to discuss.
Under the current law, the pension would go to all of the children equally absent a Will. You should re-open your mother's estate and Petition to be the administrator and ask that you be appointed as Administrator. Notice is given to any living siblings or their issue if you have a sibling who did not survive your mother or now.
I would go to the Probate Court on the day there is an attorney for the day and ask for direct advice from him and ask the clerk for the correct forms.
Good Luck.
I agree with Attorney Roth. If there was no contingent beneficiary named after your mother, then the pension would be paid to your mother's estate. Someone has to open (or re-open) your mother's estate to receive the pension and then distribute it. If your mother had a Will, the distribution follows the terms of the Will. If she did not, then the funds will be distributed among her heirs equally. Just because you are the oldest, you don't have superior rights to your other siblings.
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