by soiblieo » Tue Oct 05, 2010 07:04 am
My son's father just passed away here in SC, and his father was an officer. His father named his girlfriend as beneficiary on one policy and named his mother and girlfriend on another policy and made his son a contingent. How can I go about getting his pension, since he was paying Child Support for the last 10 years.
Posted: Tue Oct 05, 2010 02:52 pm Post Subject:
You (or his son) have no claim against the pension, in spite of any laws relating to child support. You might, however, have a claim against his estate for that.
Posted: Sat Oct 09, 2010 10:34 am Post Subject:
Max, I understand that the OP has no claim against her husband's pension. But, does any of our child support laws support such claims against the husband's estate? How do we go about it?
Posted: Sat Oct 09, 2010 10:40 pm Post Subject:
Generally, the probate law of a state identifies who may have a claim against a decedent's estate. Certain expenses following death are paid prior to the claims of creditors, such as fees to administer the estate, funeral and mortuary expenses, employees' wages (if a business is involved), federal income taxes, state income taxes, etc. Then come the claims of general creditors, in which the claim of a child whose parent was in arrears for child support would be found.
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