Oak Park, MI asked in Estate Planning for Michigan

Q: Michigan is a pension payout part of a trust? My brother past away and my mom was excluded Trust is she entitled pen

According to my brother executor she doesn’t but according to the pension people at his company she does. Causing lot of family drama! Being called trying to pull one!!

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI
  • Licensed in Michigan

A: IF (and only if) the 'pension' has a death benefit -- maybe.

Is the mother a named beneficiary of the pension 'death benefit'? Then she's entitled to directly receive a portion per the rules of the pension.

If the TRUST is the named beneficiary, then the trust terms dictate.

Don't accept the 'word' of the pension people or some random guy on the internet though, Seek a local legal opinion from a licensed attorney. There are LOTS of variables that may impact this! Get real legal advice before acting.

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