401k pension

[smoke438]

What is the name of your state? Arizona

My mother recently passed away and she was married but they had been seperated for at least 3 years. Well I was named beneficary on her life insurance and her pension. She worked for bank one and they mailed me a letter saying that me and my brother were going to be splitting the pension well we sent them the paper they wanted us to feel out and two months later now they send me a letter saying that her spouse gets it even though i was named beneficary is there anything i can do will this happen on the life insurance too. Also when she died I couldn't get in touch with him and me and my family decided to have her cremated which we did. Being that they were married can he sue me or something. And do i have to pay her collections accounts or does he. Im only 20 years old i don't know what to do.

 

[cbg]

This answer assumes that you are talking about a 401k. A pension is not quite the same thing.

If she was still legally married at the time of her death, then under the law the 401k MUST go to her husband, regardless of who she named as a beneficiary, unless BEFORE her death her husband signed a form in which he waived his right to receive it. There is no getting around this.

Life insurance is a different animal, and if you were named as the beneficiary you should get the money. Barring a state law to the contrary, life insurance can be left to anyone the owner of the policy wishes.