Am I entitled to any of my deceased husband's pension?
Full Question:
My ex-husband died on 11-02-06. He had remarried in 1993. That wife left him December of 2005 right before Christmas. She rented her own house, and for all intents and purposes was getting a divorce. My ex-husband began to reconnect with his family on the East Coast where he grew up. He had been living in California for the past 19-20 years. His children (1 male from our marriage and 1 from their marriage got the bulk of his estate. I have no problem with that. My question is do I have any rights to any of his estate? When we settled (bifurcated divorce--big mistake) my lawyer was afraid we would not win my share of his pension ($113,000). It had been declared by the superior court of Pennsylvania that someone in my circumstances would be entitled to this money. As a result of my lawyer's inadequacy, I prematurely settled and declared bankruptcy in order not to lose our marital home in Pennsylvania. I gave our son sole custody of the house in 1993. My lawyer drew up other papers which would allow me to be put back on as co-owner. Is it too late to do this? Also, can I claim anything related to my ex-husband's estate in California (insurance policies) in lieu of my entitled share of his pension?
02/16/2007 |
Category: Wills and Estates |
State: California |
#727
Answer:
Unfortunately, you do not have any rights to any of your ex-husband's estate unless you were named beneficiary under his will or an insurance policy or pension plan.
I can not answer your question about the house and your rights without seeing the documents that you signed in connection with your transfer of the house to your son.