How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask RONB-ESQ Your Own Question
RONB-ESQ
RONB-ESQ, Lawyer
Category: Family Law
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
90553395
Type Your Family Law Question Here...
RONB-ESQ is online now
A new question is answered every 9 seconds

In New York State, can a wife of 40 years inherit her

Customer Question

In New York State, can a wife of 40 years inherit her husbands pension, received from his job, when he dies.
Submitted: 11 months ago.
Category: Family Law
Expert:  RONB-ESQ replied 11 months ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Also in the event you are new to JA, I only receive a portion of what you pay to JA when you provide positive feedback and click the submit button on the upper right corner of your page. If I have provided you a timely response and answered your question please give me the courtesy of a positive rating before you log off the site, as many people forget to log back in and leave feedback. There is no additional charge for continuing to reply after you have rated me and we can continue a back and forth discussion until the question you posed has been fully answered

You should see my answer in the same pane below this response as we continue. In the event you would prefer a phone call please let me know and I can arrange it. It tends to be easier for both parties if you just tell me you want a phone call and let me send you the request versus using JA’s automated “request a call” feature. If you see a pop up regarding a phone call please note that the website generated that offer. Before I send you any such request it will typically be based on you requesting it by typing the request on the screen and then I will send you a phone call offer. Do note that a phone call is not required and we can continue here just typing comments back and forth.

You should be able to view my answer just below this response as we continue….

Expert:  RONB-ESQ replied 11 months ago.

Could you tell me if this is a employers defined benefit plan or employee contribution plan(401K) (403B)?

Customer: replied 11 months ago.
employers defined benefit plan
Expert:  RONB-ESQ replied 11 months ago.

Would you mind naming the employer just so I can see if I can find some specifics on this as this will be driven more by their rules than NY statute?

Expert:  RONB-ESQ replied 11 months ago.

The reality in the case of you passing leaving surviving spouse she may or may not be entitled to a survivor's portion or allowance these are all defined within the plan that you participate in at work. It is easier to answer in regards ***** ***** employee contribution plan then she would be named as beneficary and she takes it all. I have attached a BLS study that confirms these details. I am sorry I can't give you a better answer, but since this is left to be defined within the employer's plan I can't fully answer the question other than to say get a copy of your defined benefits plan and review the section if there is one related to surviving spouse. You might glance at this and I recognize this is not the law, but it shows the fact that as to how defined plans are not consistent in the treatment of surviving spouses and I recognize it is quite dated as it goes back to 1981 http://www.bls.gov/mlr/1984/04/art3full.pdf . Many employers have moved away from defined benefit plans due to the future liability on the accounting side (how it affects their company balance sheet) and move to the employee contribution plans as employees have also become leary of the defined plans and what happens if the company files bankruptcy so to attract employees they have converted or began their companies using the employee contribution plan with the employer making some contribution to that plan. I am not trying to school you on the plans, but just answer your question.

If you can identify the employer I may be able to located the information online and provide you a more specific answer or as I said you may have to request a copy paying particular attention to surviving spouse benefits. I am stepping away from the computer for a dinner appt. it is 5:40 PM CST here. I should be back online around 8:00 PM CST if not earlier and can respond to your reply. If you don't log on tonight note that I will be back online tomorrow after 3:30 PM CST and happy to respond at that time as well.

In the event I have answered the question you posted thank you in advance for leaving me positive feedback so I am compensated for the time I spent answering your question. This does not cost you anything additional and Do note that you are welcome to reply here with follow up questions or request to clarify as long as needed for free.

Regards,

Ron

Expert:  RONB-ESQ replied 11 months ago.

I am back online if you wish to continue or as an FYI tomorrow I have court and won't be online until after 3:30 PM CST. Just mentioned that ahead to explain any delay you see in my response.