Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.
I'm sorry to say that you will be fighting an uphill battle. From the perspective of the pension, there is a contract. The contract states that the pension must be paid to the brother. If the pension were paid to you, then the brother would have a viable breach of contract lawsuit.
The easiest way to resolve this would be for the brother to acknowledge that his deceased brother would have wanted the pension to go to his wife, and then assign his rights to you. But that assumes that you have a good relationship with the brother, and that the brother is not selfish. If the brother will not do that, then you would have to take legal action, and prove in court that your husband took steps that show his intent to modify the beneficiary, and that the pension was not properly updated. Accordingly, my suggestion is for you to retain a local attorney who can review all of those facts in detail, and then formulate a legal argument and file a lawsuit.
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