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tlm_jr
Feb 13, 2009, 11:18 AM
My mother recently passed away and did not leave an estate. My question is: can one be set up with no assets in it for the purpose of collecting a survivor benefit? The benefit will only be paid to a spouse(none), a child under 25(both children are over 40) or the estate(one does not exsist).

George_1950
Feb 13, 2009, 11:22 AM
Welcome to AMHD. Yes, you will need to go to the 'probate' court in your mother's last residence. Check this: "What is an 'estate'?

The term "estate" consists of all the property a person owns or controls. This property may be in his or her sole name, held in a partnership, in a joint ownership arrangement, or through a Trust, and all other monies that would be generated on the person's death, such as through life insurance. It includes: http://law.freeadvice.com/estate_planning/estate_planning/what_is_estate.htm