When a loved one passes away, managing their financial affairs, including accessing their pension benefits, can be a complex and sensitive task. One common question is whether a beneficiary can change a deceased person’s information without going through probate to receive the deceased’s pension.
Generally, pension plans and retirement accounts operate under specific rules regarding beneficiaries, which can sometimes bypass the probate process. However, changing the deceased’s information on these accounts to receive benefits directly can be legally and procedurally challenging without going through proper channels.
Pension plans typically require beneficiaries to be designated by the account holder during their lifetime. Upon the account holder’s death, the pension plan administrator needs to be notified and provided with a death certificate. The benefits are then disbursed according to the most recent beneficiary designation on file. This process does not usually require probate, as the disbursement follows the plan’s guidelines and the deceased’s specified wishes.
In cases where the designated beneficiary has predeceased the account holder, or if there are disputes among potential beneficiaries, the matter may need to be resolved through probate court. The probate process ensures that the deceased’s assets, including retirement benefits, are distributed according to their will or state laws if no will exists. The court oversees the administration of the estate, providing a legal framework to address and resolve disputes.
To avoid complications, it is important that people regularly update their beneficiary designations on all financial accounts, including pensions and retirement accounts. This proactive step can prevent the need for probate and ensure a smoother transition of benefits to the intended recipients.
It may be possible to receive a deceased person’s pension and retirement accounts without going through probate if the beneficiary designations are clear and up-to-date. If you need to manage a deceased loved one’s pension benefits or retirement accounts and encounter issues with beneficiary information, it is important to get legal advice. Our attorneys at Grissom Law, LLC are experienced in navigating the complexities of probate and beneficiary designation issues, ensuring that the deceased’s wishes are honored and the beneficiaries receive their rightful benefits. For tailored advice, contact our office today and let us help you through these challenging times with professional and compassionate support.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC