No beneficiary on a pension of mey deceased uncle

[Kris Durner]

No beneficiary on a pension

State of Massachusetts (state of residence and death for all parties mention below except pension people are in NY I think)

My uncle (maternal) died at the age of 47 on 2/20/01 without a will. He had minimal estate (basically a car) so I was appoint voluntary adminstratrix to allow us to sell the car and transfer title.

I have now found out that he had contributed to a pension fund for ten years(which makes him vested). There seems to be a sizable death benefit around 100k on this pension. However the pension people won't tell me much without documentation.

My uncle did not designate a beneficiary for the pension. The pension people said that it would be distributed it the following manner: (status of category)

1. Spouse (none)
2. Children (none)
3. Parents (none - both deceased)
4. Siblings
(one sister: my mother - deceased '98, one brother - living)
5. Estate

Question 1:
I am told that I would 'step into my mother's shoes' fully (I am an only child) even though she predeceased her brother (my uncle). Therefore, the value of the pension death benefit (and any other estate pieces) would split 50/50 between me (acting in my mother's shoes) and the living brother. Is this correct?

Question 2:
Because the value of the estate is over 15K, do we need to set up the Estate with full administration to handle the dispersement of the pension death benefit or can the money just be paid to the brother and me.

Question 3:
What is a ball park legal fee for setting up the full administartion of the estate if necessary?

Thanks you for any help you can provide.

 

[loku]

Answer to question 1

Here is an answer to your first quesition:
Question 1:
I am told that I would 'step into my mother's shoes' fully (I am an only child) even though she predeceased her brother (my uncle). Therefore, the value of the pension death benefit (and any other estate pieces) would split 50/50 between me (acting in my mother's shoes) and the living brother. Is this correct?

Yes. You are correct. Following is the MA law on point:

Massachussets General Laws Chapter 190, Sec. 3(5) If he (the deceased) leaves no issue and no father or mother, to his brothers and sisters and to the issue of any deceased brother or sister by right of representation; and, if there is no surviving brother or sister of the intestate, to all the issue of his deceased brothers and sisters. If all such issue are in the same degree of kindred to the intestate, they shall share the estate equally, otherwise, according to the right of representation.