Jackson, NJ asked in Estate Planning, Family Law and Contracts for New Jersey

Q: If an ex spouse was awarded 50% of a pension in divorce does her portion pass to her estate upon her death. I live in NJ

I am the only child born to my parents marriage which ended after 25 yrs. The entirety of that time my father worked at, and paid into a company offered pension fund, which my mother was awarded 50% of in the divorce decree. (QDRO) obtained. She predeceased my father, who to my knowledge started collecting this year, when he turned 70. The wording of her will leads me to believe that her estate would receive the 50% that she herself would have been entitled to at the time of her death. I am estranged from my father ,and did not receive any documentation, however what makes me question this in the first place is ,2 months after he turned 70 he moved out of Nj abruptly cutting off contact. I obtained a copy of the divorce decree, QDRO, Will, and death cert. I just need some direction from here ,or if I even have any legal ground to stand on. Thank you in advance for any assistance you may be able to offer me.


1 Lawyer Answer
Noel Rivers
Noel Rivers
  • Hackensack, NJ
  • Licensed in New Jersey

A: Yes, in all likelihood, 50% of your father's pension that would have gone to your mother would, therefore, go to her estate. Additional information would be needed to say that is the case with certainty. Any experienced estate administration attorney can assist you with this matter.

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