My father passed away several weeks ago. He'd been divorced from my mother for many years, but they'd maintained a good relationship. His relationship with his new wife was less congenial, and they were preparing to begin the divorce process when he died (but didn't actually file anything yet).

His only noteworthy inheritance was his Maryland state pension account (he was a retired teacher), of which my mother -- his ex-wife -- was named the primary beneficiary. This was established after his remarriage. Three minor children with his new wife were the other beneficiaries.

The new wife has threatened to challenge this disbursement in court, and I'm wondering if she'll be able to do so. From what I can gather, she's legally entitled to 1/4 to 1/2 of his estate under state law; she already has possession of his car and their shared house, as well as his physical possessions. Does the pension count as part of his estate? Does she have any (viable) legal recourse to prevent my mother from receiving her entitled portion?

Thanks so much for any advice you can offer.
-Steve

To really answeer this your going to need to contact the pension manager. When divorce and minor children are involved then the rules can change slightly. From the surface it looks like your mom would get a 1/4 share in the pension but that may change depending on how its written in the pension funding plan. There has to be a cut off somewhere.

The "new wife" (I personally prefer "second wife") has a legal right to challenge anything and everything.

The test will be in the proof as well as the laws of your State.

Why, when your father apparently has minor children with his second wife, would he name your mother as beneficiary on his pension - unless it was Court-ordered at the time of the divorce - ? How is the second wife supposed to support the children?

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Originally Posted by JudyKayTee

The "new wife" (I personally prefer "second wife") has a legal right to challenge anything and everything.

The test will be in the proof as well as the laws of your State.

Why, when your father apparently has minor children with his second wife, would he name your mother as beneficiary on his pension - unless it was Court-ordered at the time of the divorce - ? How is the second wife supposed to support the children?

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Well, actually she's the "third wife," but I see your point. To clarify, it was court-ordered as part of the separation agreement that my mother would receive 25% of the pension (technically 1/2 of 8 years' worth of pension-funding). My father listed her accordingly among the beneficiaries, dividing the rest among his three minor children from the 'third' wife.

I've found a bit more information since posting the question, and it seems unlikely that the third wife would be able to overturn or even challenge this disbursement since it was affirmed in the separation agreement of a previous marriage. Any thoughts or comments are still very welcome.

-Steve

The divorce/separation agreement will be withstand the legal challenge.

I had no way of knowing this was his third wife - I'm good but I'm not a mind reader.

Quote:

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Originally Posted by JudyKayTee

The divorce/separation agreement will be withheld.

I had no way of knowing this was his third wife - I'm good but I'm not a mind reader.

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Heh, sorry, I didn't mean to imply that you'd made some error... I just have an odd compulsion to be accurate even to point of arbitrary.

Thank you for your reply.

-Steve

Pension benefits pass to the benficiary outside the estate.

So, while she CAN challenge it, I doubt if she will win.