Ask Me Help Desk - Pension beneficiary

Pension beneficiary

My grandmother left me as beneficiary to her pension and now hed estranged husband is trying to take some of the money

I don't know what her husband is doing but if you are the direct beneficiary it is yours and passes outside the probate process.

Quote:

Originally Posted by JudyKayTee

I don't know what her husband is doing but if you are the direct beneficiary it is yours and passes outside the probate process.

That's is what I thought but they said there is a law call right of election and he may be entitled but the children she has is not his and I was told by her sister that he was married when they got married

Right of election, as I understand it, is about disinheriting your children. Assets which pass outside a Will or not affected.

I, for example, could designate you as my beneficiary and my children could do nothing.

I could not write a Will and mention them but not you and not have it contested.

Quote:

Originally Posted by JudyKayTee

Right of election, as I understand it, is about disinheriting your children. Assets which pass outside a Will or not affected.

I, for example, could designate you as my beneficiary and my children could do nothing.

I could not write a Will and mention them but not you and not have it contested.

So then he does have a right to fight for it. Nycers is telling me nothing.

You need to tell us what country your grandmother lived in. In many places (like the US) a married person can not eliminate the spouse as a beneficiary unless the spouse signs a waver specifically abdicating his/her rights to the pension. So even though your grandmother and her husband may have been estranged, they were still married, he is the widower, and he is entitled to some portion of the pension (it may be half, but again that depends where she lived).

**EDIT - I see she worked for NY City - so my point about the spouse having to sign the waiver in order for your grandmother to name a different beneficiary stands. Under ERISA laws:

Federal pension law (ERISA) provides that: If you are married at the time of your death, your spouse is entitled to receive, as primary beneficiary, 50% of your qualified preretirement survivor annuity death benefits under a retirement or tax-deferred annuity plan covered by ERISA (or the required amount under your institution's spousal policy). If you name someone other than your spouse as primary beneficiary for more than 50% (or more than the required amount) of the benefits AND he or she has not consented to this primary beneficiary designation by completing a Spousal Waiver, then 50% (or more if the required amount is more than 50%) of those qualified pre-retirement survivor annuity death benefits will be payable to your spouse regardless of your beneficiary designation in effect at the time of your death.

Quote:

Originally Posted by ebaines

You need to tell us what country your grandmother lived in. In many places (like the US) a married person can not eliminate the spouse as a beneficiary unless the spouse signs a waver specifically abdicating his/her rights to the pension. So even though your grandmother and her husband may have been estranged, they were still married, he is the widower, and he is entitled to some portion of the pension (it may be half, but again that depends where she lived).

**EDIT - I see she worked for NY City - so my point about the spouse having to sign the waiver in order for your grandmother to name a different beneficiary stands. Under ERISA laws:

Federal pension law (ERISA) provides that: If you are married at the time of your death, your spouse is entitled to receive, as primary beneficiary, 50% of your qualified preretirement survivor annuity death benefits under a retirement or tax-deferred annuity plan covered by ERISA (or the required amount under your institution’s spousal policy). If you name someone other than your spouse as primary beneficiary for more than 50% (or more than the required amount) of the benefits AND he or she has not consented to this primary beneficiary designation by completing a Spousal Waiver, then 50% (or more if the required amount is more than 50%) of those qualified pre-retirement survivor annuity death benefits will be payable to your spouse regardless of your beneficiary designation in effect at the time of your death.

Thank you so much your answer was very helpful with me understanding. But I have one more question it is t OK my understand that my grandmother husband was married t OK some

[QUOTE=Shaurice;3197257]Thank you so much your answer was very helpful with me understanding. But I have one more question it is t OK my understand that my grandmother husband was married to someone else when they got married how can I prove it because I went to the marriage records and they said only a lawyer can get that info

I'm sorry I don't know how to prove someone is previously married except for good detective work. If you have an idea who he may have married previously contact her to find out if the divorce was proper. Perhaps contact his relatives or friends to see what they have to say about his marriage history. Or as already suggested - contact a lawyer to see what legal options you may have.

[QUOTE=Shaurice;3197261]

Quote:

Originally Posted by Shaurice

Thank u so much ur answer was very helpful with me understanding. But I have one more question it is t ok my understand that my grandmother husband was married to someone else when they got married how can I prove it because I went to the marriage records and they said only a lawyer can get that info

Where was he married/divorced?

Depending on the location it is entirely possible this information is available.

Any Investigator can get it - again, are you asking about NY?

Only a LEGAL spouse can inherit, of course.