Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My husband passed away last Aug.17,2017. And im inquiring…

Customer Question
My husband passed away...

My husband passed away last Aug.17,2017. And im inquiring his benefits where he work in the govt ( Dept. of Education) for long long years. The Union sent me a letter which referring to my husband marital status is still single and the designated beneficiary of his death benefit is his sister.My question was do i have the right to fight the benifits of my husband because im the wife?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I need help regarding all the benefits from his work if i have the right to claim as a wife

Submitted: 8 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 8 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 17 minutes by:
11/29/2017
Estate Lawyer: TJ, Esq., Attorney replied 8 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12,805
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Do you have the right to fight for the benefits? Absolutely. You have the right to make legal arguments if necessary that you are entitled to the benefits. But having the right to fight, or to make such legal arguments, does not mean that you will win. Unfortunately, you are behind the 8-ball in this situation. The problem is that the policy regarding death benefits is a contract between your husband and the provider of the benefits, and since your husband listed the sister as the beneficiary, the provider of the benefits is contractually obligated to pay the sister. Still, you may be able to make an argument that your husband intended to change the beneficiary to you (though I don't know what evidence you have of that). A lawsuit will often result in a settlement, however, so my suggestion is to retain a local attorney who can contact the sister and the provider, and attempt to work out a solution (or file a lawsuit if necessary). You can find an attorney by contacting your county's local bar association.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
how about my husbands other benefits like his retirement , the 401k i have the right to claim as a wife
Estate Lawyer: TJ, Esq., Attorney replied 8 months ago

Hi again.

All of those things, which have beneficiaries, are the same ... i.e., if your husband designated a specific beneficiary, then the provider of the benefits is contractually obligated to pay the named beneficiary. The provider cannot unilaterally decide to pay you instead, just because you are the wife. But you can attempt to get a court to rule in your favor if you can produce evidence indicating that your husband intended to name you as the beneficiary.

If there is no beneficiary named for some of those benefits, then the benefits generally go to your husband's estate, and that would mean that you would get them.

Ask Your Own Estate Law Question
Estate Lawyer: TJ, Esq., Attorney replied 8 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12,805
12,805 Satisfied Customers
Experience: JD, MBA

TJ, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
What is the florida law regarding revoking beneficiary
What is the florida law regarding revoking beneficiary desinations to a former spouse? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
I was divorced in Dec. 2015 and all my ex-wifes assets
I was divorced in Dec. 2015 and all my ex-wifes assets belong to her, however , she never changed the beneficiary on her brokerage accounts(retirement, IRA and Roth) and was asked by her financial adv… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
P. This is pertaining to the same adult child. We were told
P Simmons. This is pertaining to the same adult child. We were told (prior to) a distribution of $ from a Federal Govt pension plan and any $ from wages and vacation time due the child, that the other… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,215 satisfied customers
California 1. Divorce final in Sept 2013 2. Ex spouse died
California 1. Divorce final in Sept 2013 2. Ex spouse died and left me (former husband) as benificary on 401K and IRA. 3. No stipulation in divorce degree about these accounts. We divided everything e… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
My ex husband were married for 23 years and we continued to
My ex husband were married for 23 years and we continued to share a joint bank account and payed our life insurance policies through this account. I was named as his beneficiary prior to our divorce a… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My former husband died leaving me as beneficiary to our life
My former husband died leaving me as beneficiary to our life insurance. The insurance company is telling me that I am ineligible as a beneficiary because we were divorced in S Carolina… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
Following is a brief description of the case on which I am
Following is a brief description of the case on which I am seeking input. I have tried to ensure that no Confidential data is included. I simply do not understand how any company can get away with hav… read more
socrateaser
socrateaser
1,031 satisfied customers
Is the following statement correct: Effective July 1, 2012
Is the following statement correct: Effective July 1, 2012 new Florida Statute Chapter 732.703 generally nullifies upon divorce or annulment the designation of a spouse as a beneficiary of nonprobate … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My husband is terminal with cancer. His parents left him and
My husband is terminal with cancer. His parents left him and his 2 sisters with an IRA which all 3 collect monthly monies. When my husband passes, do I give up the money from the IRA or do I have a le… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
About twenty five years ago my company purchased single
About twenty five years ago my company purchased single premium life insurance, which belongs to the company. Beneficiaries can be changed only by the approval of the company. Long time ago company ma… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,350 satisfied customers
When my dad died my mom was named as beneficiary to his painters
When my dad died my mom was named as beneficiary to his painters union pension. My mom has now died hoever she signed and had notoized before her death that my sister and I be beneficiaries to the rem… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
I asked this question posted below and no one has answered
I asked this question posted below and no one has answered it. Maybe you have an answer. The question is really this: What sort of pension death benefit for Lockheed Martin Corporation would be such t… read more
socrateaser
socrateaser
1,031 satisfied customers
My father passed away, he had a death benefit plan from his
My father passed away, he had a death benefit plan from his job, he has told me that he named me beneficiary of the plan, but i took a look at the his paperwork and i don't see that he put anyone as b… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
I was contacted by my former husbands employer (Teachers
I was contacted by my former husband's employer (Teacher's Retirement System of NYC) when he passed away. The letter stated that I was listed as his beneficiary. I sent in his death certificate in May… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
Husband & wife have revocable living trusts. The wife has an
Husband & wife have revocable living trusts. The wife has an IRA naming the husband as the primary beneficiary & the husband's trust as the contingent beneficiary. They are over 70 1/2 & she took RMD … read more
socrateaser
socrateaser
1,031 satisfied customers
If someone died without a will and has a pension does his ex-wife
If someone died without a will and has a pension does his ex-wife get the pension and at what percent? He has 3 surviving children, 1 deceased before him (left behind 2 children) and a recent wife of … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My husb died 3/09-we were legally married but did not live
My husb died 3/09-we were legally married but did not live together-he died in TX I live in OR-we were not legally separated either. I discovered thru SS that he had 3 pensions(he was 55 yrs) I'm 65 y… read more
socrateaser
socrateaser
1,031 satisfied customers
My parenst both died within 2 days and I am named co-executor
My parenst both died within 2 days and I am named co-executor with my out of state brother in their parents wills. Their estate consists of less than $5000 in their credit union account with no one na… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,215 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x