My ex husband passed and left a retirement plan. I've been appointed the Admin of his Estate. I've rec'd the money and opened an estate account however, he has no debt, can that money be use for myself and his son (16). How does this work?

My condolences for the loss of your ex. My first piece of advice is go slow, and don't make any hasty decisions. There is no rush to have to hurry through the probate process.

You say he has no debt - not even any credit cards? No house mortgage or car payment? How about funeral expenses? Tax season is coming up - you will have to file an income tax return on his behalf, and if any taxes are due pay them out of the estate account.

As for whether you and his son can take advantage of that money - it all depends on (a) how the retirement account was titled (what kind of a retirement plan was it, and was a beneficiary named?), and (b) what his will says. You must ensure that his assets are distributed to his heirs in accordance with his will, if he had one. If he left no will (i.e. he died intestate), then you must distribute those assets in accordance with state law. Post back if this is the case and tell us what state he lived in, and whether there are survivors other than his one son.

Thank you for your response.

My ex left no will sudden heart attack. His mother paid for the cost of the funeral and doesn't want any reimbursement. I've already submitted a Small Estate affidavit through the State of Oregon. I've already received the check for his retirement plan made to the Estate of his name and open an estate account, again he has no dedt. His only survivor is his son which he's 16 years old.

So his only survivors are his mother and the one son, right? Under Oregon law the entire intestate estate goes to the son. The son's guardian (is that you?) should establish a custodial account to receive the assets. You will also need to work through what to do with your ex's personal belongings (car, household furnishings, etc) - they now all belong to the son, but it may be more practical to sell some of the items for cash for the son's benefit rather than give them to the son.

Yes, I'm the guardian. His personal belongings have already been gone through and the car will go to my son. This account is in my exes name & mine, they have given me a debit card and checks. My next step was to move out of the rental where his dad passed and use the cash to pay off some SMALL debt and for a down payment on a home for him and I. I basically want to have a better life for my son due to his loss. So not sure how this account is set up and how I can use the cash at this point, short of talking and paying for an Attoreny I'm at a loss.

EB has giving you some great advice so far. The main thing is you need to make sure there are no debts. Have you cone through all his paperwork? There are no credit cards, mortgage anything else? Where there any bank accounts?

You didn't answer who was the beneficiary of the retirement plan if anyone.

But once you are sure there will be no claims on the estate from creditors and also put aside enough to cover next years tax return, you can then start using what's in the estate account.

Yes, I'm the guardian. His personal belongings have already been gone through and the car will go to my son. This account is in my exes name & mine, they have given me a debit card and checks.

Not sure what you mean by "this account." Previously you mentioned the estate account - that is not a joint account. However any account for which were a joint owner with your ex at the time of his death in all likelihood is yours now to do as you wish. So pelase clarify what account you are talking about.


My next step was to move out of the rental where his dad passed and use the cash to pay off some SMALL debt and for a down payment on a home for him and I.

Careful here - do you mean using cash from a joint account for a down payment on a house that you would own? That's fine. But if you mean cash which is now in the estate account from the retirement account then most likely what you suggest is illegal, as that money is your son's inheritance and is not to be used for your benefit. It might be possible to set up a trust that purchases a house in your son's name (or purchases it jointly with you if you are putting up some of the down payment) but it will be complicated, and you should consult an attorney.


I basically want to have a better life for my son due to his loss. So not sure how this account is set up and how I can use the cash at this point, short of talking and paying for an Attoreny I'm at a loss.

As guardian you can set up a custodial account for your son and use the proceeds for items that are for the benefit of your son, which may include things like his lodging and education costs. But again - you must be careful to not use your son's inheritance for your own personal benefit.

I "was" the beneficiary of the retirement plan, however since we had been divorced, it reverted back to no beneficiary, so I had to claim the retirement plan as an Administrator of his estate. I've gone through all of his paper work, and all the debt was paid off before he passed, his bank account had $4 in it and no mortgage, lived with his mom. So if I have all my ducks in a row, can this money be use to pay off my small debt and a down payment on a home?

The Account is an Estate account in his name and my name.

can this money be use to pay off my small debt and a down payment on a home?

I think we were typing at the same time!

No - you may not use it to pay off your own debts or as down payment for your own home.

See my previous post about using it to buy a home for the benefit of your son.

Just to clarify, your son is the primary heir and should get everything. If there was a beneficiary then the retirement proceeds would go directly to that person outside the estate. But since there was none, it goes into the estate.

You are the administrator, but that means you have a fiduciary responsibility. You cannot use the proceeds for personal expenses. You can use it for expenses related to your son. If you want to buy a house that will be held in trust for your son, you can do that.

Thank you, for your help. It's unfortunate because what I'm trying to do is for my son's benefit but I certainly want to do thing right. Again thanks for your help :)