Pension for dependents or estate?

[Babysharkdoodoodoodo]

My ex husband died a couple of weeks ago. We had a son, now 18 and he also had another son who is 12 and his mum, (ex MIL) is his guardian. He was only 50.

He worked for local govt in social services for 15 years and a charity for about 10 years. Ex-MIL will not give me a copy of death Certificate so I'll have to wait for another few weeks, before I can apply online to get some copies. The charity have given me the pension contact details and I can also contact the LGPS, once I have a death certificate.

My query is will the boys be entitled to anything as dependents? My son asked his gran (who absolutely hates him, because he came from me) and she has said that she will be taking any money and using it to pay my ex's debts and funeral costs. My son has asd, hence me trying to sort this out for him.

I'm sure this can't be right and the pension lump sum is for dependents. She's already taken charge of everything like sending his phone and smartwatch back and given various bits and pieces to the younger son. My ds came back with a couple of echo dots and a signet ring and that's it. When he queried whether he could have anything else she screamed at him that if he wanted anything then he would have to pay for the funeral.

No estate to speak of as it he lived in a council house. Just a huge pile of debts.

I know she's coping with the death of her son as well, but she could barely look at him and rarely spoke to him. I just want what's best for my son.

Possibly the LGPS will pay the younger child an amount.

The Lump Sum could be split between the children. You need to constact the Trustees.

In the LGPS children’s pensions are payable up to the age of 18 or 23 if still in full time education. Therefore there will be a pension payable to the younger child. It is possible for pensions to be paid to children beyond 18/23 if they are permanently dependant on the member who has died due to physical or mental incapacity. You mention your son has asd so that could be an avenue to explore - speak to the pensions team for the local authority your ex worked for.

As a deferred member of the LGPS (no longer paying in but not yet receiving a pension) there will also be a tax free lump sum death grant payable. This is paid at the discretion of the local authority but would go to one or more of his dependants. Again, you need to speak to the local authority to ensure that your son is considered when they make their decision.

Don’t know about the charity so you will need to speak to the trustees/administrators to see what may be due.

USally you would name the beneficiary of your pension so it may be that he named his mother. Money will be needed to bring his youngest son up in the 6 years before he's an adult.

Did your ex still pay maintenance for your son?

You need to contact the LGPS and the administrator of the charity's pension scheme. Provide a copy of his birth certificate, explain what maintenance his father has been paying and if his ASD is likely to impact his earning capacity and his Dad was supporting him explain this. You keed to get in asap before she claims there is no other child. If necessary you could send the evidence to follow.