Q. My husband of six months passed away in April 2005 while an active federal employee. His will made me the personal representative and his daughter (my stepdaughter) as alternate if I should not wish to be the personal rep. After his death, his daughter said she would be the personal rep because I asked her to since the estate would be given to his three children. After his death, I was told that I had no claim on his FERS account since we were not married for a year. But do his grown children? If not, what happens to the funds that he paid in all those years?
A. Because no one was eligible for a survivor benefit, a lump sum benefit would be payable according to the standard order of precedence, the first two of which are relevant: first, to the beneficiary he designated on a Standard Form 2808 (CSRS) or 3102 (FERS); second, to the widow.
You need to consult an attorney who can make sure the benefits are properly distributed, including any Federal Employees’ Group Life Insurance he may have had.
