Q: In Oregon when a descendant dies with a pension, but was never married or had kids, is it possible for the affiant to
collect the pension to help with the descendants debts? The affiant filed a small estate affidavit and is a benificary listed in will, but is not blood related. Thank you for any help
A: First you need to determine whether the pension had a survivor benefit. Usually a pension ends upon death unless the pensioner elected a survivor benefit in exchange for a lower monthly benefit. If that election was made then the designated survivor beneficiary can collect the pension by providing a death certificate to the payor of the pension.
Theressa Hollis agrees with this answer
A: Technically you should be able to deal with the Pension but you may have these possible obstacles:
The managers of the Pension Fund may not be a familiar with Oregon's small estate affidavit procedure and they may not want to deal with you. A lawyer could help you sort this out.
It may be that the Pension has it's own way of dealing with distributing the Pension, ie a list of alternative beneficiaries if the Pension holder dies and has not named a beneficiary. You can notify the Pension of the account holders death and send them a copy of the death certificate and the contact information for the alternate payees. These payments, direct to alternative beneficiaries, would avoid any debts of the decedent.
Some pensions are only a stream of payments while the person is alive and there is no residual benefit that gets passed down to heirs.
If this is a tax deferred fund, then the Pension will need information for tax purposes and there may need to be an election made as to the timing of the distributions. If it is paid in a lump sum to the decedent's estate, then the Pension may need to withhold taxes.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.