Legal Question in Wills and Trusts in New Jersey

beneficiary

My husband retired on medical when he retired we filled out his papers with a member of the pension dept. My husband has passed and the pension dept is saying his beneficiary for his insurance is not filled in. I am listed as his beneficiary of his monthly pension. We filled these papers out with a member of the pension dept so they would be done correctly and the women who filled them out is taking care of it but they dont seem to know what to do in this circumstance. How can I rectify this? I have very little money and a lawyer is almost out of the question.


Asked on 5/13/09, 2:01 pm

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: beneficiary

Check to see if you qualify for free legal services with Community Legal Services.

Ask for a copy of the insurance policy and beneficiary designation. You do not have to rely on the insurance company just telling you that there is no named beneficiary.

The pension department of your husband's employer may also be able to help you.

Did your husband have a will? If so, it should say what happens to the residuary of his estate [what is left after payment of final expenses, administration of his estate, payment of inheritance and income taxes, and any specific bequests.

If there is truly no named beneficiary and the insurance company and pension department cannot assist you, the insurance proceeds would become part of the estate.

Depending on the terms of the Will if there is one, or if there is not, you and the other surviving heirs would inherit the remaining estate according to the intestate statute.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/13/09, 11:28 pm


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