Lithonia, GA asked in Estate Planning for Ohio

Q: My husband's aunt recently passed away and she had a pension but no spouse or children. Where does the money go?

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2 Lawyer Answers
Moshe Toron Esq
Moshe Toron Esq
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If she had a beneficiary designation named on the pension, it would go to that person.

Otherwise, it would go to the person named in her will. If she had no will, it would go to her descendants. If she has none, then it goes to her parents (or grandparents.)

If she had no living ancestors, it would go to her siblings, equally. If a sibling is deceased, then that sibling's share would go to the child or children of that sibling.

So there is a chance your husband may inherit some or all of it.

Paul Kellogg
Paul Kellogg
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: In my experience, if it was a true pension (meaning it had a defined benefit) the pension ends upon her death. If it was an IRA or 401(k) retirement plan it will be paid the the name beneficiary, or if there is no beneficiary to her estate where it will be distributed as provided in her will or via intestate succession.

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