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Estate Paperwork for Pension Benefit

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bubbanet

Guest
What is the name of your state?What is the name of your state?What is the name of your state? Virginia

My father died @ 8 months ago designating me as the executor in his Will. He is owed a small death benefit from a major bank. He named my mother, who preceding him in death a month earlier, as the beneficiary to the benefit. I contacted the bank's benefit representatives notifying them of his death and have provide them a copy of his Will. They have refused to process the claim because they are asking me to provide them Administrator/Executor Paperwork which appoints an administrator of the estate certified by a raised seal. They will not accept the Will as sufficient documentation. Shouldn't the Will be sufficient for them to process the benefit? Is there a specific document titled Administrator/Executor Paperwork? If so, can it be legally created since my father is already deceased? Do I have any other options for receiving the benefit.

My father entrusted me with finalizing his business and this is the last of his affairs. Please help so I can complete this chapter of my life.
 


Dandy Don

Senior Member
The real question is: who is/was executor of your mother's estate--was it you or someone else?

Your father probably filled out a beneficiary designation form when he first bought the policy from the bank--the bank has this form on file--the will CAN NOT override the beneficiary designation--you need to contact the bank and ask him who he named as beneficiary on the policy--it probably is your mother. If so, then you need to inform your mother's estate executor that this money is available and the check will be made out to HER executor as soon as that executor shows a document called "LETTERS TESTAMENTARY' to the bank.

If the bank didn't ask for a certified copy (showing the seal) of the Letters Testamentary, then just anyone could show up at the bank with a copy of the will--otherwise, how is the bank supposed to know who is to legally get the money?

If YOU were the executor of your mother's estate, then you probably already have this document on file. Whether your father has other assets in his estate that need to be probated or not, YOU can get Letters Testamentary by going to the county courthouse probate court and filing simple paperwork to open up the estate. Soon after filing, you will receive the Letters Testamentary from the court. If you will be dealing with other companies in trying to claim other assets, it would be a good idea for you to get at least 2 or more certified copies of the Letters Testamentary to give to each company you deal with.

DANDY DON IN OKLAHOMA ([email protected])
 
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bubbanet

Guest
I am also the executor of my mother's estate. I will go to the courthouse and file the papers to open up the estate. Thanks for the advice
 

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