What to do if the beneficiary of a pension predeceases the pensioner?

UPDATED: Dec 23, 2012

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What to do if the beneficiary of a pension predeceases the pensioner?

My father-in-law recently passed away. He was divorced but was remarried to a woman who was not my wife’s mother. He had a pension and the beneficiary was his first wife, my wife’s mother. The first wife was already deceased at the time of my father-in-law’s death. It is our understanding that the pension assets would need to go through probate. Is this true? If so, how would my wife claim her share of the pension?

Asked on December 23, 2012 under Estate Planning, Missouri


Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

Your understanding is correct;  the proceeds would need to go through probate. Your wife should obtain the assistance of a probate attorney to file a petition in probate court with your wife naed as the administrator, who will guide your wife through the probate process..

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