Legal Question in Wills and Trusts in New York
Can A divorced/widowed spouse collect the pension plan from the deceased worker even if they agreed in the divorce agreement that they would waive their rights to it?
Asked on 6/04/14, 8:50 am
1 Answer from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
Only if the beneficiary designation still names the spouse and has never been changed, representing the divorced/decedent's intention to still let the surviving spouse collect it if the spouse is the survivor. If this was not intended, and there is a rightful person who can collect it (new spouse, child, parent, sibling, etc.) expect a contest if the original beneficiary designation was never corrected.
Answered on 6/04/14, 12:35 pm