My Grandfather's will (NJ) states that his wife is intentionally left out of recieving any of his assets. There is no mention of his pension in the will. When his pension was started, his wife was named as beneficiary. Does his will effect the pension benefits upon his death because of the will?
4 Answers from Attorneys
this needs a lawyer to look at the documents in order to answer your question.
Call me and I will assist.
Robert Davies, Esq.
201 820 3460
Unless there is information that you not provided the answer is no. The pension will pass directly to the beneficiary outside of the will.
Unless he changed the beneficiary designation, the pension goes to person designated in the beneficiary section. If he changed it to his estate, it becomes part of the estate and the Will determines who gets it. Have the executor contact the pension administrator to get an answer.
There are several issues here. The pension will normally pass by beneficiary designation and not via the Will, as noted above.
The bigger issue is that [unless there was a valid pre-nup agreement] your grandfather can not disinherit his spouse. In most cases she would be entitled to 1/3rd of his estate.
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