Legal Question in Wills and Trusts in New York
Mom Leaves Nothing except bills and boyfriend
My mother-in-law died leaving only a very small savings, a mountain of debt in medical bills and a pension that she made her live in boyfriend beneficiary. She left nothing to her daughter and no will. Question: Can the beneficiary to her pension be contested, even just to pay for funeral expenses and secondly since her estate is insolvent what happens to the small savings account. The pensionalso is very small. Just barely enough to cover the cost of the funeral.
1 Answer from Attorneys
Re: Mom Leaves Nothing except bills and boyfriend
Most pensions are paid directly to the beneficiary and except for esate tax liabilty (not a concern based on the facts you supplied) can not be seized to pay debts or burial expenses.
The savings account will be used for expenses of administering her estate (including burial costs) and if anything is left over, for payment of debts.
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