Legal Question in Wills and Trusts in Texas
sbc retirement benefits
my mother recently passed naming my brother and i joint beneficiary to her pension. we received a letter stating the beneficiary designation form was filled out incorrectly. when filing her death certificate, her 'live in' boyfriend placed his last name behind hers as if he were her husband even though they were never legally married. if the beneficiary prior to my brother and i was her previous husband and they were divorced, without the change being made, who would the money go to?
1 Answer from Attorneys
Re: sbc retirement benefits
The answer to that question depends on the terms of the divorce as well as whether or not live-in boyfriend can prove that they were common law married as well as SBC policy. If it is a regular pension, then there probably was some division of the pension in the divorce decree. This is the first thing to look into, to see if the ex-husband is entitled to any of the pension.
If there is some portion of the pension which the ex-husband is not entitled to, then the answer will hinge on two things - whether the live-in boyfriend can prove that they were married, and what the SBC guidelines are when no beneficiary is properly designated.
If SBC doesn't know who to pay the proceeds to, or if you disagree with what they have decided to do, then you need a lawyer. Probably a family lawyer. You also need to let SBC know, ASAP, that you may be contesting their payout, so that they will not pay out the money until the correct beneficiaries have been ascertained. You are probably looking at a lawsuit.
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