QUESTION
Am I entitled to his pension and if not, what happens to it?
Asked on Mar 13th, 2017 on Estate Planning - Michigan
More details to this question:
My husband and I lived together for 8 years before we decided to get married. He became ill and I had to quit my job to care for him. He died two months after we were married and he worked 36 years for a dealership. There are no under age children and he was divorced for 27 years from another marriage that states on their divorce papers that she is not entitled to his pension whether unvested or vested forever.
1 ANSWER
If this is truly a pension, as opposed to a defined contribution type plan, you will need to look at his pension payment election. He could have elected a lifetime pension, which would have provided higher monthly payments, but payments would end upon his death, or he could have elected a joint and survivor type of pension payment, which would have provided smaller monthly payments, but payments in some amount (depending on the election) could have continued after his death.
Answered on Jun 05th, 2017 at 8:41 AM