Legal Question in Wills and Trusts in New York
mother passed in 12/06, no will.
mother passed 12/06 age 66,remarried 8 yrs. earlier.my name is on her bank account,she and husband have home in nc.are me and my siblings entitled to her pension account or any other asset she owned before remarrying? what about her old insurance policies.What power does the husband have?. please help...
1 Answer from Attorneys
Re: mother passed in 12/06, no will.
North Carolina rules will apply to the provisions of Will, if any, and distribution in the event there is no Will. If the bank account designates you as a survivor beneficiary, you will get the balance in the account at the time of her death. Federal law applies to most pension benefits and, in the absence of an election to the contrary, the survivor benefit goes to the surviving spouse. The beneficiary designations in the insurance policies will govern the disposition of the policy benefits.
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