Legal Question in Wills and Trusts in Texas

No Will

My mother passed away suddenly

and had no will,was divorced and had four children,what happens to her retirement plan.


Asked on 12/05/07, 10:31 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: No Will

Unless she had a made an election for a benefit for a number of years, it probably expired with her death. Check with the personnel office. Maybe she designated a beneficiary if there were benefits remaining.

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Answered on 12/05/07, 11:34 pm

Re: No Will

I'm sorry to hear of your mother's passing. The first thing you need to do is contact the plan administrator. Ask them for a copy of the plan. In most cases, when she applied for the benefits, she would have been given a beneficiary designation form. The benefits remaining (if any) would then go to the designated beneficiaries. If there are no designations, then some newer plans have a default provision, and that would apply. You should also ask if there is a death benefit on the plan. Good luck.

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Answered on 12/06/07, 9:56 am


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