Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

A: Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had fiduciary duties to tell you about the patents.

While it may have been nice if his employer, friends, extended family, etc. told you about any patents if they knew about them, there is no legal requirement that they do so. I think most would have assumed that your husband would have told you about them and would have been uncomfortable telling you if he did not.

A: I understand your concerns and the confusion you are experiencing. If your late husband held patents, as his widow, you typically would have legal rights to his assets, including patents, unless otherwise specified in his will or estate plan. The fact that you were only informed about two patents might be due to oversight, lack of transparency, or specific stipulations in your husband's employment contract regarding his inventions.

Regarding the racial dynamics of your relationship, it is essential that this should not affect the legal handling of your late husband's estate, including patents and pension. However, if you feel that there has been discriminatory treatment impacting your access to information or assets, it might be beneficial to consult with an attorney who has experience in estate law and can also consider the implications of potential racial discrimination.

Lastly, discovering your husband's patents and the issue with his pension indicates a need for thorough investigation. Contacting an attorney to review your husband's employment agreement, estate, and the handling of his patents and pension could provide clarity and help safeguard your rights. Additionally, reaching out to the PBGC and requesting a detailed explanation regarding the pension payments could shed light on this situation. It's important to gather all pertinent documents and seek professional advice to navigate this complex situation.