My brother passed away on July 7th of this year. His only asset is a ~$30K retirement annuity he had with a local MA trade union. He did not have a will and the annuity did not name a beneficiary. He is survived by two children, one is a 17 year old minor, the other a 23 year old adult -- different mothers. His funeral expenses added up to $12K, which was paid for by our mother. I would like to have the funeral expenses be reimbursed back to my mother and have the remainder go to his two children. The union benefits group advised that if a no executor or administrator is named within 90 days then payment would automatically be made to 1) surviving children 2) Benefits board approved repayment of funeral expenses (both based on submitting documentation). My question is whether or not this needs to go through probate court.
Submitted by Bill Harrison on Fri, 08/19/2011 - 17:11
Do I need to go to Probate
The procedure offered by the group administering the retirement annuity will act as a substitute for the probate process. If it operates as you describe, it will allow you to avoid the probate process (at least with regard to that particular asset). I am surprised that they will allow that approach given that there is a minor beneficiary, however.
My only question would be whether your mother will be reimbursed for all of the funeral expenses. As a creditor of the estate, your mother could petition the probate court to be appointed "Administrator". Although that is a more involved process, she would be protected, and the net estate would go to your brother's two children (directly in the case of the child over the age of eighteen, or indirectly in the case of the minor). So perhaps you could get some sense of what reimbursement the "Benefits Board" plans on making for the funeral expenses. If it is acceptable to your mother, then it would seem that the non-probate approach might make a lot of sense. Hope that helps.
Attorney Peter Bernardin
Re: Do I need to go to Probate?
Peter -
This is very helpful. thanks for the info.
Bill