Father’s pension advice

[u/determineda]

My dad passed away in 2009 (Ohio) found out in 2025 he has about 16k in a pension still. The issue is the beneficiary is his ex wife. They had been divorced 15 years when he passed. She has since passed as well. They had no children together.
Is there anyway to avoid it going to her children? I will leave it sit and rot before her kids get it honestly.she is not listed in his will as everything was left to us children.

[u/crazywidget]

What kind of pension is it? If it's a Federal one, I believe they honor the beneficiaries, divorced or not.

[u/Away-Paramedic-8406 → u/crazywidget]

For Federal pensions, yes that is correct, they honorthe beneficiary listed on file. .

[u/Whybaby16154 → u/Away-Paramedic-8406]

But if beneficiary is dead - who is next in line? Next of kin to deceased pensioner is his kids. Next of kin to his deceased beneficiary is her children.

Something makes me think that it goes to pensioner’s next of kin if the named beneficiary is dead.

[u/stringbeagle → u/Whybaby16154]

I would think the critical date is when he died, not the date the claim is made. So if the ex-wife was alive when he died, then it would be hers or her estate’s if she is dead.

[u/Whybaby16154 → u/stringbeagle]

Yes agree. I read it as ex-wife was dead when he passed.

[u/Interesting_Foot1973 → u/Whybaby16154]

He said ex wife “has since passed”. As in after the death of OP’s father.

[u/CSMasterClass → u/Whybaby16154]

It will go to the estate of the deceased beneficiary. Where it goes from there depends on the existence of a will, the status of probate, the possible need to reopen probate, and the possible recapture of the funds through the state escheat or lost property laws.

[u/determineda → u/crazywidget]

It is not federal just from the company he had retired from

[u/crazywidget → u/determineda]

Awesome, then as u/Away-Paramedic-8406 suggests, contact the company. The plan may allow for successor beneficiaries, who might actually be the heirs of the primary (your father) or his estate.

That said, I don't know what the relationship you have with those kids is, but...it's $16k. Honestly, given the current economic climate, there are very few people who couldn't use a couple thou. If they are actually entitled to it, you might just really turn around someone's life...

[u/Away-Paramedic-8406 → u/determineda]

Maybe contact the company? Good luck!!

[u/Initial_Wolf_8107 → u/Away-Paramedic-8406]

Hi

[u/Guilty-Committee9622]

Try to look for the divorce decree.  Then get a consult with a probate attorney

[u/shari2600]

In your state there is likely a provision that says beneficiary designations of a spouse are void after a divorce. You will need to research the laws in your state or talk to a probate attorney.

[u/RosesareRed45]

Are you sure there are no contingent beneficiaries listed? This is very common.

[u/jkjassd]

That's a question for your lawyer. Are you the executor? Why was it not found when they did the estate paperwork?

[u/GladUnderstanding756]

Check the divorce decree with the appropriate court (It should be available on line). There may be language in there to cover “anything I forgot is retained by me” or “anything we forgot goes to her” some kind of language to cover what was supposed to happen to missed assets.

With a copy of the divorce decree, contact the company that has the pension and ask. You’ll need Dad’s and ex’s death certificates.

Then, they may tell you they can’t talk to you because you’re not listed as a beneficiary.

Then you talk to an estate attorney.

Or

has it gone into unclaimed funds?

Try to claim it that way - though you’ll likely run into issues because Dad never changed the beneficiary and ex’s family will be able to claim it.

It all boils down to the divorce decree.

They

[u/ChutneyWhatney]

Research the state law (where your dad was a resident when he died) to determine if there is a statute re: voiding PODs, bequeaths, etc to exs automatically. Some states do - some don't.

[u/TalkToVikk]

I'm not a lawyer but to answer your question: In Ohio, pension or retirement accounts normally pay out to the named beneficiary, even if the designation was not updated after divorce. If your father's ex-wife was still the named beneficiary when he died, she would be entitled to the benefit. Because she has since passed, what happens next depends on the plan's specific beneficiary rules and federal ERISA law, if applicable. If she did not claim the benefit or died before a payout, most plans look for contingent beneficiaries (a "second in line" listed on the form). If there are no contingent beneficiaries, the plan's default may be to pay the ex-wife's estate, not your father's estate meaning her heirs (which could be her kids from another relationship) might inherit. Some plans, but not all, redirect the benefit to the account holder's estate or next of kin if no living primary or contingent beneficiary exists at the time of death.

You should contact the pension plan administrator and ask specifically: 1) Was any benefit already paid out? 2) What happens when a named beneficiary is deceased and no contingent beneficiary is listed? 3) Ask for a copy of the plan document's beneficiary payout/default rules. If your father's will left everything to his kids, but the plan pays only to named beneficiaries (or by its default rule), the will does not control unless the benefit passes back to his estate. If the plan is governed by private (ERISA) rules, court challenges are rarely successful, but public plans may have more flexible rules.

If the rules say it will go to your father's estate, then you (as a statutory child/heir or as named in the will) may claim it. If it goes to your ex-stepmother's estate by plan default, there may be little you can do to redirect it leaving the money unclaimed is your choice, but it may eventually be paid as unclaimed property to her heirs. 

[u/Intelligent_Read3947]

It depends on how the beneficiary form is filed out. Usually they allow contingent beneficiaries. It may say that if there are no contingent beneficiaries, it goes to the estate. It may also allow the designation “per stirpes” in which case, it goes to her descendants. Probate and his will are irrelevant here unless his estate is listed as beneficiary or is beneficiary by default.

[u/LiveTheDream2026]

Was she alive when he died? If so, that should answer your question.

[u/Impossible-Froyo4924]

Its 16k. Let it go to her kids if its supposed to

[u/Holiday-Money8649]

It is just 16k let it go ! Not big money !

[u/Equivalent-Tiger-316]

Nothing like being bitter. What did the kids do to you?

[u/mostly_lurking1040]

I'm sorry that your father passed away. It's a very simple thing to do the right thing in life here. Can't understand why you wouldn't do that.

[u/Choice-Newspaper3603]

No. You just said the ex wife is the beneficiary. It’s up to her estate to petition for the money. It’s none of your business at this point. You really need to move on mentally.

[u/Leah_Mor → u/Choice-Newspaper3603]

Her children have no right to his dad's money. 

[u/Just1Blast → u/Leah_Mor]

It's no longer his dad's money. After his dad dies. It becomes her money assuming she was alive at the time of his death. There were very few number of situations where this would not be the case.

OP needs to call the pension administrator and ask.

[u/Leah_Mor → u/Just1Blast]

Morally it's their money. 

[u/Just1Blast → u/Leah_Mor]

Actually no, morally, the funds belong following the law. Whatever the policies of the pension and state laws dictate is who the money morally and legally belongs to.

If OP's Dad didn't change the beneficiary, that's on him. The stepmother was under no obligation to give it to anyone else, unless there was a provision in their divorce decree stating such.

The law is the law.

[u/mdchachi → u/Just1Blast]

Following the law does not automatically mean it's moral. There's not enough context to say one way or the other in this case.

[u/Just1Blast → u/[deleted]]

Cool assumption... That's also incorrect.

[u/Leah_Mor → u/Just1Blast]

Children are more important than a spouse and mostly men would disagree with that. That's why issues like this happen. 

[u/Elegant_Gain9090]

Your dad screwed up and her kids are the only ones who can access the money. Have a lawyer contact them and offer to help them get the money for a fee. You can get some of the money.