My brother in law designated his spouse to receive a portion of his pension at his death during the time they were together. They later separated and lived in different states for approx 13 years. He made a revocable trust with a wrap around will naming his brother and sis ter as beneficiaries of his pension, real property, automobile, etc. Is it possible for his sister and brother to receive the pension willed to his spouse. The will was to replace all other designations.
State/Country relating to question: New Jersey
I called them and sent a copy of the will and a copy of the death certificate as they requested with a return receipt requested. I have not received an answer from them and it has been a year.
Most pensions that have a beneficiary clause act like quasi-life insurance... So the pension benefit would move at death, before the estate would get it, to the designated beneficial listed on the pension.. So the short answer is the pension designation should control, not the will / subsequent trust...Now if the beneficiary of the pension was changed before death, than the current designation controls...
JD, 10+ years experience, Small Business Owner
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