Legal Question in Wills and Trusts in Illinois
death benefits
My mother was part of a union when she passed. She never divorced my father legally even though they were separated for over 20 years after an extremely bad and abusive marriage. Now, the union is paying survivor annuity to him instead of her three daughters. He has not recieved any other beneficiary funds and did not contriubute or get profit from the ligquidation of the estate because it was all in the daughter's names. Is there a way to get around this?
2 Answers from Attorneys
Re: death benefits
the beneficairy designation controls where the money goes. If you mom never changed it before she died, there is nothing you can do.
Re: death benefits
Since your father was listed as the beneficiary, it would most likely be difficult to get a change made.
It is also possible, as in some plans, that if there is no surviving spouse, there would be no further payments made to anyone.
You might want to check with the union to see what the benefits, and the surivor's rights are.
The administrator or executor of your mother's estate should be able to obtain this information.
Good luck to you.
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