Legal Question in Family Law in Georgia

in the event of death what are a spouses right to a husbanbs pension if he has signed a daughter as benifeciar


Asked on 12/09/10, 11:08 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends on the type of pension. Both the federal statute called ERISA and the Internal Revenue Code mandate that certain (qualified) retirement plans provide death benefits to surviving spouses, and that participants can only designate non-spousal beneficiaries if they have spousal consent or through the entry of a qualified domestic relations order. I recommend that you consult with a Georgia probate attorney to discuss the specifics.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 12/14/10, 2:15 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Possibly none at all, and possibly some. It depends on the pension and on what documents he (and you) may have signed.

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Answered on 12/14/10, 6:54 pm


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