05 Jan My husband left his assets to our daughter. What can I do?

Q. My husband passed in October 2019. He was a New Jersey school teacher and we were married for 30 years. Without my knowledge, he made our daughter the sole beneficiary of his pension and life insurance. Does the legal requirement for a waiver by a spouse apply to this situation? Is there any way, as his spouse, to re- claim his pension benefits? My daughter tried and wanted to give it to me but we haven’t been able to figure anything out.
— Confused

A. We’re sorry to hear about your husband and this confusing surprise for you.

You do have some recourse.

The pension system is obligated to fulfill your husband’s wishes and pay death benefits to the last-named beneficiary, said Victoria Cannillo, a financial analyst with Baron Financial Group in Fair Lawn.

In this case, he specifically designated your daughter.

She recommends you contact the New Jersey Division of Pensions & Benefits system to bring up your concern and discuss whether you may need a court order.

You probably will need to contact an attorney who specializes in pensions for further assistance.

Even where a deceased spouse disinherits the surviving spouse it is possible that a surviving spouse may claim what’s called an elective share, unless there was a premarital agreement where the elective share is waived or if the parties had filed for divorce or were living separate and apart under facts giving rise for a cause of action for divorce.

You can also contact the New Jersey Division of Pensions & Benefits by email at or by calling (609) 292-7524.

This circumstance shows why beneficiary reviews are essential.

“Having a beneficiary for a pension plan is very important, since if no beneficiary is named when you die, it will most likely go into your estate and be subject to probate,” Cannillo said.

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This story was originally published in January 2024.

NJMoneyHelp.com presents certain general financial planning principles and advice, but should never be viewed as a substitute for obtaining advice from a personal professional advisor who understands your unique individual circumstances.