If my husband was married before and had a son, if my husband was to die who would receive his pension?

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If my husband was married before and had a son, if my husband was to die who would receive his pension?

I husband who was married before and has been divorced for 17 years has one son from his first wife who is going to be 18 years old. If my husband were to die (he is a firefighter in NY) who would get his pension? Me, his son, or the first wife? He is convinced it would be me since he has changed all beneficiary name to be me.

Asked on August 9, 2011 New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You would receive your husband's pension since you are the designated beneficiary.  If your husband has a Will, that provision could also be included in the Will.  If your husband died without a Will, the rules of intestate succession determine inheritance.  Intestate means dying without a Will.  Since you would be the surviving spouse, you would inherit your husband's entire estate under intestate succession.  If you predecease your husband, your son would inherit your husband's entire estate. 


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