If a decedent
dies with no probate assets (i.e., owns nothing in their name alone) except for unpaid wages and\or fringe benefits, the wages and\or fringe benefits can
be paid directly to the individuals entitled to receive them without opening an
estate in the Probate Court.
Fringe benefits
are payable as designated by the terms of the employer’s written contract,
policy, or plan.
If the deceased
employee had a signed written designation filed with his employer before his
death, the wages and fringe benefits are to be paid to the person(s) designated
by the decedent.
Any wages and\or
fringe benefits not covered by the employer’s written contract, policy, or
plan, or by the decedent’s written designation, are to be paid in the following
order to the decedent employee’s survivors:
-
Spouse
-
Children
-
Mother or Father
-
Sister or Brother
Note: Payment under this process will be a full discharge and release of the employer
from the wages and fringe benefits due and owing to the deceased employee.
Rev. 1\08
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