Linden, NJ asked in Estate Planning and Probate for New York

Q: How can a beneficiary prove his or her identity for a death benefit when his or her name/marital status is wrong?

My father died last October. He has a death benefit with his union. He was a resident of NYS, in NYC. He listed my mother as the beneficiary, but with an inaccurate/incorrect name and marital status. My mother is listed as his wife, but they never married. Her given name is listed with his surname. She has no identification (ID card) with my father's surname. There are no contingent beneficiaries (the application doesn't ask for any) and there is no other identifying information other than an address they shared in the '80s. I am his daughter but I was a minor at the time. I no longer share his surname. How can I help my mother? The union reps aren't the most cooperative. Thank you.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Do you have other siblings? If not, then it does not matter whether you or your mother gets it. They have to pay someone. Thus, offer them to either pay your mother, or pay an estate, or pay you. They may require waivers so they do not pay twice, but you do not care about that either.

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