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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: 6 months ago.Category: Estate Law
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Customer reply replied 6 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 6 months ago
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11/29/2017
Estate Lawyer: TJ, Esq., Attorney replied 6 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12,708
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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. :)

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Customer reply replied 6 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 6 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.

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Estate Lawyer: TJ, Esq., Attorney replied 6 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.

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