QUESTION

If my husband die and he was receiving a pension can someone deplete the pension and give it to hisdaughter?

Asked on Jun 27th, 2012 on Family Law - New Jersey
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Normally a pension cannot be "depleted" because it continues based on a person's life. For example, sometimes there are to pension options: first a person can take a pension that ends when they die; second they can take a pension that continues to be paid to their spouse after their death.  In the second case, the amount of the pension received is usually less.  In either case the continuation of the pension is based on the person's life, not on the payout of a specific amount of money.  you can always contact the pension administrator and discuss options. 
Answered on Jun 28th, 2012 at 1:00 PM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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