Need help with Retirement beneficiary issue

[HalieBabe222]

TEXAS
My uncle is expected to die soon due to complications with Pnemonia he now has liver failer and his body is shutting down. He is in his 50's and is very well known in his community. But he never was married and has no children. My father has been appointed to make the medical decisions. My father discovered that my uncle has a retirement of over $100,000 and he had listed his beneficiary as his mother. She died 6 yrs ago and my uncle never changed this. What can be done? Does the money go straight to the Gov.? What can my father do at this time before he passes away?

[anteater]

If your uncle is still legally competent, he might be able to make a beneficiary change. However, with your description of his condition, your uncle likely can no longer make a beneficiary change.

The "government" does not just up and take the assets of someone who has passed away. The starting point would be to ask his employer if the retirement plan contains language dealing with a predeceased beneficiary and where no contingent beneficiaries are named.

Most likely, the funds would be payable to his probate estate. After probate administration expenses and his legitimate creditors are paid, his remaining assets would be distributed according to the provisions of his will if he has one. If he does not have a will, the remaining assets would be distributed according to Texas' intestate statutes.