Legal Question in Wills and Trusts in Florida

Pension Plan - Annuity Fund

If no beneficiary was named in a

pension plan (annuity fund) and no Will

was made, who is eligible to receive the

funds after the death of the worker?

Ex-wife of 30 years or children?


Asked on 6/09/09, 4:17 pm

2 Answers from Attorneys

Lawrence Tolchinsky Sackrin & Tolchinsky, P.A.

Re: Pension Plan - Annuity Fund

It depends on two things. One, is this a Florida matter? Secondly, if it is a Florida matter, then it depends on what the pension plan says in terms of whether there is a death benefit and who may be entitled to the death benefits. If there is a death benefit, and the plan does not say otherwise, then the assets generally will go to the decedent's estate. If there is no will, then the laws of intestacy in the state in which the decedent resided will apply and determine how the assets are distributed. In Florida, see Florida Statute 732.101-732.111.

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Answered on 6/09/09, 5:01 pm
Charles Gallagher Gallagher & Associates Law Firm, P.A.

Re: Pension Plan - Annuity Fund

Florida's intestate statutes will control and dictate who will take

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Answered on 6/09/09, 9:41 pm


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