Marietta, GA asked in Probate for Georgia

Q: Dad retired early plant shut down. He received retire pay, never collected pension, now im told he has survivor benefits

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1 Lawyer Answer
James Clifton
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James Clifton
Answered
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: If there are survivor benefits, there should be beneficiaries listed on the survivor benefits policy. If the named survivor is still living, they can claim the benefits, and the benefits are not subject to probate. If the survivor died before you father, the benefits become an asset of the estate and pass according to your father's will or by the laws of intestacy if there is no will. Probate will be necessary to retrieve the funds in that circumstance.

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