My deceased mother had legal claim to ex husband's pension, can I apply to get it? 2 Answers as of August 18, 2015

My mom was awarded half of her husband's pension in their divorce settlement in 1983; when she tried to apply for it, we discovered the divorce was never finalized, so she was still legally married. Unfortunately my mom passed away this year, before we were able to finalize the divorce and go after the pension. Is there any way I can apply to receive it, as her daughter? I'm not a product of that marriage. Also, this happened in state A, and my mother died in state B. The ex husband was last known to be homeless, as of last year. Thank you.

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Irsfeld, Irsfeld & Younger LLP | Norman H. Green
a. Wouldn't it have terminated on her death? b. Wouldn't she be required to leave part of it to her spouse? c. Since she was married at the time of her death, unless she left a will mentioning him, if you were her only child, he gets half of her estate! Be sure to send him adequate notice.
Answer Applies to: California
Replied: 8/18/2015
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Contact a family law attorney who specializes in recovery of pensions in divorce matters.
Answer Applies to: California
Replied: 8/18/2015
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