Am I entitled to my dad’s pension?

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Am I entitled to my dad’s pension?

My dad passed away a few years ago. His ex-common law wife received his work pension from CNR even though they hadn’t been together for years and she was married to someone else. He just never took her name off the beneficiary papers. I was wondering if I am entitled to that pension instead of her. I am his daughter. Should I even bother trying to fight for this?

Asked on January 10, 2017 under Estate Planning, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Children of a divorced parent have no rights in the proceeds of their father's retirement plan if he never removed his former spouse as the beneficiary of it. That is unless the divorce decree made it a stipulation to change the beneficiary. Otherwise, your ex-stepmother is legally entitled to the pension proceeds.


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