[scorer]

My wife died at age 42. She worked in a gov't job under the ny state retirement system. Because of her age, she was not entitled to a pension. However she has 8000 dollars in pension contributions that is payable to her beneficiary. I am her only family and her husband, however it was not left to me. The pwension will not inform me unless I am the executor of said estate. There is no property or will. I have requested a hearing within ny state retirement pension to challenge this. What recourse do I have. I thought under state law you cannot disinherit your spouse. I was told I have to show cause and burden of proof.

[ScottGem]

First, my condolences for your loss.

Anyone listed as a beneficiary of her retirement acount, would be paid the benefits outside the estate (just like a life insurance policy). So you were not disinherited.

Even if there was no will or other tangible assets in her estate, you could still probate the estate and have yourself appointed as executor so you could find out the disposition of the retirment account.

[scorer]

Hi, thanks for the response. Why is the retirement system allowing me to have a hearing to show cause or burden of proof? I have been told that a hearing officer can change the beneficiary and sometimews make it split... what will be knowing the beneficiary do for me? Thanks

[ScottGem]

What often happens is employees designate a benefciary of a parent or other person and then neglect to change it when they marry. So her company may have provision for that and that's why you have been granted a hearing.

[scorer]

Thanks for your response scott

[Fr_Chuck]

If there was no person listed, then it will be paid to the estate. At this point if they will not alter, you will merely have to file a claim in probate court. This is a common practice and procedure

[scorer]

FR_CHUCK DO YOU PRACTICE LAW? Ill need some help and will go to probabte court