My grandfather recently died, and his ex-wife of 6 years is getting his retirement pension. Is this legal?

Question

In his will, it said that the money will go to her, and the house go to his children. However, this will was done 12 years ago before they were divorced. We are in the process of trying to fix his house up for sale. We were just wondering what legal issues will come up with this problem.

Answer 1

A definitive answer is not possible without more information. In NYS, a will is valid forever unless revoked. You must check to see if there was a subsequent codicil or will that revokes the 12 year old will. You must look to the separation or divorce agreement to see if there is a paragraph entitled, MUTUAL RELEASE AND DISCHARGE OF CLAIMS IN ESTATES, because perhaps the ex-spouse waived her claim to your grandfather's estate in that document, and then look to see who the beneficiary is on the retirement plan. If the ex-spouse was the beneficiary on the retirement plan irrespective of the will and the divorce or separation agreement, the ex-spouse may be entitled to retain those retirement benefits. This is a very complicated question as there is much information required that is not provided so a definite answer is not possible and you should consult with an attorney who specializes in Estates and Trusts. There is another possibility that your grandfather may have wished to provide for his ex-spouse notwithstanding the divorce; however, if he wanted to provide for her after the divorce, he probably would have executed a new Last Will and Testament.

Answer 2

It depends on the terms of the divorce and if your grandfather wrote a more recent will. You can contest it, but that won't get you his retirement. Retirement funds sometimes go to a surviving spouse but never to the estate.

Answer 3

yes he can get legal aid tell him to go to a solicitor that gives you the 1st hour free it wont take any longer than that and, as the seperation is over 5 years, she cannot contest it, he does not need her permission the solicitor will ask someone to sign to say the seperation is over 5 years, the papers will be presented to the court, divorce granted, so long as there are no outstanding issues with children, if there are they need to be resolved 1st but if not a divorce is usually granted within 12 weeks in cases like this

Answer 4

if the Will said the retirement went to the ex wife, then that is who is to get it.

why fight over money? there is much more to life... and as you might see from this situation, money can cause problems when people fuss about who gets what.

i'm sure your grandfather knew what was in his Will...

Answer 5

I have to wonder though, my divorce papers actually said that from here on forward all our finances are separate and that neither one of us has claim on the other ones possessions or can be held liable for their debt. But maybe the will overrules that.....

Answer 6

If he didn't remarry then she can apply for that and his Social Security as well..... it is a little unusual that she collects his pension but extremely common to collect the Social Security benefits.

Answer 7

Unfortunately it is legal i think if they are divorce she shouldn't get a dime of his money but then again he didn't remarry so maybe he wanted her to have it.

Answer 8

It is only a problem if you make it a problem, like trying to steal the pension from his ex-wife.

Greed has no limits it seems.

Answer 9

you need to call a lawyer some give free advice for the first visit . depending on the state will tell what happens.

Answer 10

Scoop!
Better be nice to Nanny