If my late mother owed several debts to the electric company, SS and the IRS, are these creditors entitled to any money that I receive as beneficiary of her pension?

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If my late mother owed several debts to the electric company, SS and the IRS, are these creditors entitled to any money that I receive as beneficiary of her pension?

She had no estate and I filed as the administrator of her small estate. The only inheritance that I have been able to find is $178 from her 401K and money from her pension. I was just told that as the beneficiary of her pension, and I will receive $101 per month for life. Other than these 2 she had nothing but clothes, furniture, household items and debt. Are the IRS or other collectors entitled to the $178 of 401K money or the $101 per month that I receive as the beneficiary to her pension?

Asked on February 19, 2015 under Estate Planning, New Jersey

Answers:

Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

The $178 is her estate, so the creditors are entitled to take that.  However, the pension money is not part of the estate.  You are entitled to it as the beneficiary, not by way of inheritance.  Therefore, it is yours and not her creditors.


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