Would backdated pension payments be exempt from probate?

The pension company sent a letter stating that my relative’s estate is owed payments dating back to 2018. His only creditors are from the hospital stay prior to death. Do these funds need to be listed as an asset and go through probate?

ANSWER BY MARGARET CROSS-BELIVEAU:

Yes, the funds would go through probate.

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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.

Beliveau Law Group: Massachusetts | Florida | New Hampshire

The estate administration and estate planning attorneys at the Beliveau Law Group provide legal services for estate planning, probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.

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