Protecting Decedent's Estate from Creditors in NY

[ellentk]

What is the name of your state (only U.S. law)? New York

Does ERISA's creditor protection continue for an ERISA qualified retirement plan that had no beneficiary when it passes into the estate of a decedent with creditors?

If it does, does anything have to be done to secure that protection, file papers, etc.?

Thanks.

 

[anteater]

I will certainly defer to any respondent with more knowledge on this. But, for what it is worth....

I don't see how the funds could be protected in any way. The funds are being distributed from the retirement account to the probate estate. The account isn't. Once distributed, I would say that they are like any other estate funds.

 

[ellentk]

I will certainly defer to any respondent with more knowledge on this. But, for what it is worth....

I don't see how the funds could be protected in any way. The funds are being distributed from the retirement account to the probate estate. The account isn't. Once distributed, I would say that they are like any other estate funds.

I'm afraid you are probably right. But if anyone has another take, please jump in.

 

[ShyCat]

Does ERISA's creditor protection continue for an ERISA qualified retirement plan that had no beneficiary when it passes into the estate of a decedent with creditors?

Short answer: No.

 

[ellentk]

Short answer: No.

Ah, well. Thanks.