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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My Mother is now deceased and I have a questions about her

Customer Question

My Mother is now deceased and I have a questions about her pension. She was legally married but had been separated from estranged husband for over 20 years. I am trying to collect the pension and they were not aware she was married. However his name is ***** ***** the death certificate. Is there a way to get around this so that me & my brother can collect the pension?
Submitted: 2 years ago.
Category: Family Law
Expert:  originallawyer replied 2 years ago.
I'm sorry to hear about this.There are a few potential answers based on different facts.1) If she had a will and there was no beneficiary listed on the pension, then the pension should be added to the estate and distributed according to her will.2) If she did not have a will, and there was no beneficiary listed on the pension, then the pension will be split between her husband and you and your brother, likely with the husband getting half and you and your brother splitting the other half. 3) If she didn't have a will and there is a beneficiary on the pension, then the named beneficiary will receive the entire pension. Now, where this would potentially get complicated is if the separation was actually legal in nature or if it was just informal. If it was legal (court ordered, etc) and the pension arose after the separation, he may not be entitled to any.