My Best Friends Husband Died Suddenly at 57

[pb4uski]

Isn't there a requirement that the marriage lasted for at least 10 years for the spouse to qualify for survivor benefits?

My understanding is the 10-year requirement relates to spousal benefits, not survivor benefits.

 

[omni550]

Depending on the company, he may have had company-provided life insurance as a benefit. It's one more thing to inquire about (and find out who is named as the beneficiary.)

omni

 

[TrophyWife]

Isn't there a requirement that the marriage lasted for at least 10 years for the spouse to qualify for survivor benefits?

On a side note-(it's complicated)She was married to him 15 years ago for a couple years, divorced but dated that whole time and recently remarried. So I know she is eligible for the pension if he died while retired because they were married a total of at least a year. I just wasn't sure how pensions work if someone had not retired yet.

And again my sincere thanks to all who have contributed here.

 

[cathy63]

On a side note-(it's complicated)She was married to him 15 years ago for a couple years, divorced but dated that whole time and recently remarried. So I know she is eligible for the pension if he died while retired because they were married a total of at least a year. I just wasn't sure how pensions work if someone had not retired yet.

And again my sincere thanks to all who have contributed here.

The documentation for my pension plan says "If you have not commenced your benefit, your spouse is automatically entitled to a pre-retirement death benefit, provided you are vested and have not received your first pension payment." I would not want to assume that is generally applicable across all pensions at all employers though. She really needs to talk to the benefits specialist at her husband's employer to get an answer about their plan.

 

[CaliKid]

Definitely get them in touch with an experienced probate attorney. Most states have laws for pretermitted spouses. That is, if he had will done before marriage the spouse's intestate interest likely trumps the will for a portion. In CA, for example, it would probably be 1/3 to the spouse. Key is acting quickly and with an experienced probate attorney.

 

[calico1597]

I was a housewife widowed at age 38 with a 12 year old diabetic son. Unknown to me my deceased husband left his life insurance to our son. I was not allowed one dime of it. We did have mortgage insurance so the house was paid for. His 401K rolled over to me and I was able to keep his health insurance for 2 years for $175/month. I had to cash in our savings for son's college to pay for the funeral as we had no other savings. It was a tough time, I'm thankful for social security benefits. I rec'd nearly $1800/month until son turned 16. By then I had remarried. I had some hard times and bitterness nearly 28 years ago.

 

[lucky penny]

In New York, if there is a valid will, a surviving spouse has the "right of election," i.e., the right to take either (i) what he/she gets in the will or (ii) 1/3 of the estate. So even if the will leaves the entire estate to others, the spouse has a right to 1/3 of the estate.