NSW Claiming Death Benefit - Superannuation

[megan]

My son's father passed away 3 years ago. we were separated but not divorced and no plan to get divorced. i believe our son was beneficiary of superannuation but dont know which fund. his family and I dont really speak and they were not impressed that I was still nominated next of kin. at one point they asked me to sign something giving them power of attorney but i refused. How do i find out and put in a claim. is there somehow they may have done this?

 

[Tim W]

Perhaps you could ask his former employer.
The compulsory super contribution from his employer
will have to have been going somewhere.

Perhaps you could ask the executor (or, if he died intestate, the Legal Personal Representative).
Although the superannuation money, and the benefits of any related insurance products,
do not generally form part of the estate, the executor may know what the details are.
You can contact the executor directly, or have a solicitor do it.
If you cannot (or don't want to) speak to the executor yourself,
then I recommend using a solicitor.

Lastly, three years is rather a long tine to have passed,
and on that ground alone, you should engage a solicitor.

 

[megan]

ok. his former employer went out of business. there was no will that i know of. where do i start. yes it is a long time but our son was turning 6 2 days after his dad died and i have been dealing with him. everything else was forgotten. i was only just told about his nominating the boy on his super. thanks though i appreciate the advise

 

[Tim W]

Which state are you in?

 

[megan]

im in nsw

Which state are you in?

nsw

 

[Tim W]

Have a read of this:

http://www.supremecourt.lawlink.nsw.gov.au/supremecourt/sco2_probate.html

 

[lawanswers]

Moved to Wills and Estates Planning section.