I Recently Discovered My Sister May Have Been Receiving My Late Mother's Retirement Benefits For Years. Do I Have Any Legal Rights?
My mother worked in the public school system for nearly 30 years. She passed away in 2022, at age 53, after becoming seriously ill. While she was dying, I believe arrangements were being made to process her retirement benefits.
Her husband, whom she had married several years before her death, was apparently involved in handling the retirement arrangements. I recently learned that my sister has been receiving monthly retirement payments for approximately five years.
My grandmother had mentioned these payments to me on multiple occasions over the years, but I was dealing with significant health problems and personal circumstances, and I never fully understood what she was telling me.
I recently contacted the retirement office. They told me I was not listed as a beneficiary on the account. However, that doesn't answer all my questions about what happened to the benefits, how my sister became the recipient, or whether everything was handled legally.
For context, I was 22 when my mother died. I live in Louisiana, and I've since learned about Louisiana's forced-heirship laws. I'm trying to understand whether those laws could potentially apply to my situation, particularly if retirement benefits or other assets were involved.
I don't want to accuse anyone of wrongdoing without knowing the facts, and I really don't want to confront my sister before understanding my legal position. But I also don't want to discover that I had rights to something my mother left behind and that those rights were ignored.
**My questions:
Does Louisiana forced heirship potentially give me rights in this situation because I was under 24 when my mother died?
Can a surviving spouse transfer or designate monthly teacher retirement benefits to another person?
Does it matter whether my mother completed her retirement paperwork before she died or died while still an active employee?
Can I obtain information about the retirement benefits or challenge how they were distributed if I wasn't the named beneficiary?
Should I contact a succession attorney or an attorney familiar with Louisiana public retirement systems?
I'm not looking to start a family conflict. I just want to understand what happened and whether I have any legal recourse. Any guidance from people familiar with Louisiana inheritance or teacher retirement law would be appreciated.
Location: Louisiana
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