Legal Question in Wills and Trusts in New York

My mother died in August of 2006. I recently discovered she had a pension thru her job and we believe the money was left to her estate because none of her children were listed. One of my sisters was the Executive of the Estate but did not know of this pension. My other sister had Power of Attorney that was given to her by my mother. I've just discovered that my sister used her power of attorney to claim the money.

The Pension fund will not tell me how much the money was for but told my sister who is Executive of the Estate that she had 90 days to file and not to worry. I, we are both confused what does she have 90 days for? How did my sister with Power of Attorney get the money? If she left the money to her estate as her legal birth daughter, am I entitled to this money?

If someone could please get back to me I would greatly appreciate it, this has been very stressful and has caused a great division in my family.

Thank you.


Asked on 8/09/10, 12:45 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

If the pension had no beneficiary, it is part of the estate.

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Answered on 8/17/10, 6:52 pm


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