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GinGin49 · May 17, 2010, 01:48 PM

Hello,
My ex husband passed away on 1/6/10, and he left the bulk of his estate to our daughter except for his pension, which lists me as the beneficiary. My daughter finally gave me a letter from his employer, indicating that they have been attempting to contact me for several months, regarding the benefits, but the letters were never given to me. I contacted his employer, and they said that we can’t proceed with anything until I speak with the attorney involved. I spoke with his brother, who is the executor of his estate, and he said that my attempts to collect the pension could cause problems for my daughter, and the estate, and I should consider signing the pension over to my daughter, as well as, this could take several years to settle. I know that his family is upset that I am the beneficiary, and I would like to know if they stop me from receiving the pension, and can a pension bypass probate? I would appreciate any helpful tips on how to proceed.

Thank you very much

ballengerb1 · May 17, 2010, 02:23 PM

Usually a pension that lists a beneficiary is outside the estate and probate. However, since you should have your own lawyer look at this and follow his advice. Just a like a life insurance policy that names you as the bennie doesn't go through probate either

AK lawyer · May 17, 2010, 04:27 PM

Originally Posted by GinGin49

... I contacted his employer, and they said that we can’t proceed with anything until I speak with the attorney involved. I spoke with his brother, who is the executor of his estate, and he said that my attempts to collect the pension could cause problems for my daughter, and the estate, and I should consider signing the pension over to my daughter, as well as, this could take several years to settle. ...

You need to consult with your attorney, not the estate's attorney or the executor. Do that before you make any decision here.

twinkiedooter · May 17, 2010, 06:13 PM

As far as I know pensions do not go through probate if there is a named living beneficiary. Fight this turning it over to the daughter. Contact your attorney before signing this over to her. You won't have to as it is yours.