Legal Question in Wills and Trusts in Washington
Changing a beneficiary after death
My father passed a few months ago. No will. I am in the process of becoming Executor of his estate. Recently, my siblings discovered his pension plan benefits were still in the name of an ex-girlfriend (which in his right mind he would not have done) with my brother as a contigent beneficiary. They were together for 3 years, in difficult part of his life he put her on some of his accounts. When he came to his senses, he changed the beneficary back to his childrens name. He apparently forgot about his pension plan. How can we remove her name or claim his pension as we are his only heirs. Can we claim his pension under his estate until a resolution is met? Would we have ground to sue? Could we claim his pension as community property because my mother was his wife until his retirement...or does that only apply to physical property? Thanks!
1 Answer from Attorneys
Re: Changing a beneficiary after death
Pension's benefits are generally controlled by who the named beneficiary is on the plan. You could sue and almost certainly lose, you may be able to divert the benefits for a while, and whoever was involved could be sued and almost certainly lose. His wife or minor children would potentially have a claim, but a former spouse would not, unless the pension was allocated in the decree, and adult children would not.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
