Health Care Agent - Pension

[Fly_girl915]

What is the name of your state?What is the name of your state? Massachusetts

Here's the scenario - friend's parents were divorced, father named daughter as Health Care Agent and himself on his pension. Their mother passed away 6 months after their father. Their father indicated in his will that he wanted the pension to be distributed between both siblings. Sister is holding onto the funds that should have been distributed to brother. One question is, since the daughter was named as Health Care Agent, does she remain as contingent annuitant or was her capacity as contingent annuitant terminated upon the death of the father? Is there a claim for beneficiaries?

Any help or input would be greatly appreciated.

 

[BlondiePB]

father named daughter as Health Care Agent and himself on his pension

Father named his estate on the pension?

since the daughter was named as Health Care Agent, does she remain as contingent annuitant or was her capacity as contingent annuitant terminated upon the death of the father?

Being a health care agent has nothing to do with being named as beneficiary. These are two different things. Beneficiaries must be specified. A specified beneficiary can be a health care agent. Health care agent authority expires at the grantor's time of death.

Is there a claim for beneficiaries?

Have your friend obtain a free consultation with a probate attorney. If your friend is as mixed up as your post, he/she needs an attorney to review the facts.