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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption