Hi,
My husband whom I was separated passed away last year; he was working for the US firm, and retired in 2018.
We agreed and signed the pension election consent plan, which says without my consent as a legal wife, the plan cannot be changed.
In case of his passing, I was supposed to be entitled to receive USD $1473.23 monthly.
However, the executor of his will, his brother and a lawyer withdrew the fund without my consent, telling the pension management fund that he is not married, which I think is illegal.
They said the fund will be distributed to my daughter, 2 kids and his live in partner, and nothing to me.
Although he had a live in partner and 2 kids with her, but I am still legally married, and according to the US law, the legal wife has the entitlement to 401K. For 401k, in particular, I believe the will of the diseased cannot influence once it is legally bound.
I don't want to be greedy, but I want some justice.
I would like to seek advice what can be done.
Taking the matter to the court will be expensive, and I would rather settle this in an amicable way.
Thank you in advance.
My husband whom I was separated passed away last year; he was working for the US firm, and retired in 2018.
We agreed and signed the pension election consent plan, which says without my consent as a legal wife, the plan cannot be changed.
In case of his passing, I was supposed to be entitled to receive USD $1473.23 monthly.
However, the executor of his will, his brother and a lawyer withdrew the fund without my consent, telling the pension management fund that he is not married, which I think is illegal.
They said the fund will be distributed to my daughter, 2 kids and his live in partner, and nothing to me.
Although he had a live in partner and 2 kids with her, but I am still legally married, and according to the US law, the legal wife has the entitlement to 401K. For 401k, in particular, I believe the will of the diseased cannot influence once it is legally bound.
I don't want to be greedy, but I want some justice.
I would like to seek advice what can be done.
Taking the matter to the court will be expensive, and I would rather settle this in an amicable way.
Thank you in advance.