Legal Question in Wills and Trusts in New York

Can A divorced/widowed spouse collect the pension plan from the deceased worker even if they agreed in the divorce agreement that they would waive their rights to it?


Asked on 6/04/14, 8:50 am

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Only if the beneficiary designation still names the spouse and has never been changed, representing the divorced/decedent's intention to still let the surviving spouse collect it if the spouse is the survivor. If this was not intended, and there is a rightful person who can collect it (new spouse, child, parent, sibling, etc.) expect a contest if the original beneficiary designation was never corrected.

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Answered on 6/04/14, 12:35 pm


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