Legal Question in Wills and Trusts in New York

Can my husband receive his father's pension since he is decease and the only heir?

Asked on 8/20/10, 8:46 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire
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Possibly. Is there a named beneficiary to the pension. Does the pension end at your father-in-law's death. You have not provided sufficient binformation.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts. I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change. As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

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Answered on 8/26/10, 7:28 am
Walter LeVine Walter D. LeVine, Esq.
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Arnold is correct that the answer depends on whether or not the pension has a balance or ended with his father's death. Not enough information has been provided to answer the question.

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Answered on 8/27/10, 7:50 pm

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