Superannuation of late husband

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RM 89

Well-Known Member
16 July 2019
15
1
74
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.
 

sammy01

Well-Known Member
27 September 2015
4,974
710
2,894
This is an Australian site. Dont think anyone here can help. It would appear you are in the USA?
 

RM 89

Well-Known Member
16 July 2019
15
1
74
No I live in Sydney. My case is quite complicated as his pension (401k) was managed in the US, but the executor and lawyer are in Australia. The lawyer advised the pension management company that he was not married, despite I am legally married to him. I was the beneficiary for this but possibly they used a fraudulent document, as I cannot imagine the fund manager would release the substantial amount without some form of a legal document.
My question is that now the fund is withdrawn and put in the trust in Australia without my knowledge. In this case am I still entitled to the fund as a legally entitled beneficiary according to the US law or the executor and lawyer have the authority to distribute to other beneficiaries?

Thank you.
 

sammy01

Well-Known Member
27 September 2015
4,974
710
2,894
oh, look, you're dealing with international law here between AU and USA. I would not even know where to begin. Did hubby have a will?
How long were you separated? Look this is way too complex for an amateur punter to give any advice other than to contact a solicitor.
 

RM 89

Well-Known Member
16 July 2019
15
1
74
We were separated fro 14 years. He did had a will but I think it was pretty much changed by his brother who is the executor. Could you recommend what sort of lawyer I should consult with?

Thanks