Dad died before divorce was final. Can we (my brother and I) contest the beneficiary of his pension?

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He tried to change his pension beneficiary to my brother but the union said he'd have to wait for the divorce to be final. Currently my stepmother is the beneficiary and in the separation agreement in the divorce states neither would go after each others pension, 401k, etc. My brother is being named administer of our fathers estate due to the separation agreement.

Attorney Answers

3
Sean Lewis ·
I'm guessing that the timing is unfortunate, and probably can't be fixed.
0 upvotes
Jacob Lauser ·
Usually, if a divorce was in process, and some sort of finalization agreement was signed (even if the divorce itself wasn't finalized), then you can petition the probate court, using the signed divorce settlement agreement as evidence and have the court order the beneficiary changed post-mortem. Speak with a reputable probate and estates attorney in your area for more specific advice. Good Luck!
0 upvotes
Kathryn Hilbush ·
I agree with Mr. Lauser. The estate should be able to have the property settlement agreement enforced.
0 upvotes

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