Welcome! | Ask A Question

 
 
Question

Asked 12/31/2007

Are my sister and I entitled to brothers benifits

My brother passed away in August 2006, he was a county corrections officer in New York for almost 25 years.
I don't talk to one of my sisters who he was living with at the time of his passing but she is in the prcess of getting divorced and has been awarded a bankrupsy My question is would my other sister and I be able to get any of his pension?
And would sister one be in trouble for filing for bankrupsy knowing she would be getting the pention.
It's not that I'm trying to be spiteful or vindictive I just want to know what's right and wrong.
Any questions I can be reached at jctomassetti@yahoo.com
any help will be greatly appreciated Thank You

 
 
 
 
Answers

Answer 1/1 - Submitted 12/25/2010

It is somewhat difficult to addres your question with the limited information you have provided. The first thing you need to determine is whether your brother left a will. If he left a will, it will answer your question. The person or persons named in his will as his beneficiaries will receive any assets he owned at the time of his death.

If he did not leave a will, then he died intestate. In this situation, a Probate Court in the county in which he died will order his assets distributed to his "heirs at law." This is simply his living relatives.

If he left a wife, she would inherit. If he left children, they would inherit. Otherwife, his siblings would inherit. If there are three siblings and you are one of them, you would receive one third of his estate.

The terms of the governing document of his pension will determine whether he has after death benefits. If so, he most likely named beneficiaries at the time he became eligible for the pension. If he did not name beneficiaries for the pension and there are after death benefits, then the funds will go into his estate for distribution to his estate beneficiaries.

There is insufficient information here to address the question of your sister and her filing bankruptcy

 
 
 
 
Answer This Question Now

Type your Answer in the box below and post your answer.

Learn more about how this works

 
 
 

Related Questions (Ask a New Question)

 
Will filing bankruptcy prevent my tax refund from being taken even if only temporarily.?

I know student loans are rarely discharched in bankruptcy unless it would cause undo hardship to repay or if the loan went into default 7 years prior to filing for bankruptcy, both of which apply to me.

See Answers

 
If i'm not filing for bankruptcy, only my husband. will my inheritance be affected?

My husband is filiing for bankruptcy. i am not. i may be receiving an heritance, possibly before the discharge or soon after. will the inheritance have to be claimed to pay back his creditors if it's within the 180 days from filing? he will not be filing any joint debts.

See Answers

 
Ex husband filing for bankruptcy

My ex husband is filing for bankruptcy we had no joint debt and he owns the house which i have moved out of. we are filing seperately for taxes. we had an agreement before he decided to file for bankruptcy to split any tx refund or tax debt. he is now telling me that the court might take his refund...

See Answers

 
Related Questions

Will filing bankruptcy prevent my tax refund from being taken even if only temporarily.?


I know student loans are rarely discharched in bankruptcy unless it would cause undo hardship...

 

If i'm not filing for bankruptcy, only my husband. will my inheritance be affected?


My husband is filiing for bankruptcy. i am not. i may be receiving an heritance, possibly...

 

Ex husband filing for bankruptcy


My ex husband is filing for bankruptcy we had no joint debt and he owns the house which i...

 

If you file for bankruptcy what, if any, tax implications are there?


If someone is filing for bankruptcy, are you taxed on the property that you claim in the bankruptcy,...

 

How do you do a self bankruptcy filing?


So since you can file bankruptcy for yourself, how do you do it? it has to be done in exactly...

 

What is a quitclaim when filing for bankruptcy?


I am filing for chapter 13 bankruptcy?

 
 

See more Bankruptcy questions

 
 
 
 
 

Ask A Question

Ask a new question about
Bankruptcy: