My ex-husband is deceased and his pension is made out to my estate, what do we need to do sincemy2 sons are his next of kin?

Neither my husband or myself ever remarried.

Asked on December 7, 2010 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  I think that it would be best for you to go and seek help from an attorney in your area on this matter.  The rules of the pension plan coupled with the laws in the state regarding beneficiary designations after divorce AND your divorce settlement will all come in to play here as to how to go about handling the present situation.  Someone will need to read the documents in conjunction with each other - and your late ex-husband's last will and testament if there is one  or the intestacy statutes if there is not - to determine how best to proceed on behalf of the estate of your late ex husband and what will be in the best interests of your children here. Good luck to you all.  


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