If my mom passed away without a Will and received 1/2 of my father’s retirement in their divorce, is the retirement money a non-probate asset?

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If my mom passed away without a Will and received 1/2 of my father’s retirement in their divorce, is the retirement money a non-probate asset?

Or will it possibly be subject to her medical debt? She received 1/2 of my father’s retirement but did not designate a beneficiary. It has been determined that her estate is now the beneficiary and I need to file an affidavit of small estate to claim this.

Asked on May 28, 2015 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If there has already been a determination that the proceeds from the divorce are an estate asset then yes, they could be used to pay debt and creditors.  I would speak with some one on a consultation basis about the particulars of the matter.  Good luck.


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