Am I entitled to my mother’s pension?
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Am I entitled to my mother’s pension?
My mother passed away 3 months ago. She planned on getting a divorce this year. She had her husband were married for 30 years; they were separated for 20 or more. She had been living as a gay woman all my life and I’m 22. I was told I am entitled to half of her pension since I am not her husband’s child. Is this true?
Asked on March 17, 2012 under Estate Planning, Michigan
Answers:
Steven Fromm / Steven J Fromm & Associates, P.C.
Answered 12 years ago | Contributor
It all depends on the beneficiary designation your mother made. If she named her husband then he will get it; if she named you and he signed a waiver, you get it. Call the retirement plan administrative department to find out if you were named beneficiary. None of the other factors you raised are relevant if a a beneficiary was named and is alive.
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