My father died 10 years ago and left his pension to me and my estranged brother. I just heard my brother has died — can I claim his share?

And that’s just one potential challenge. It’s not unusual for pension owners and beneficiaries to feel lost amid the maze of rules, regulations and frequent changes surrounding pension inheritance and beneficiary designations.

Take the case of Dave, a hypothetical middle-aged man whose widowed father died 10 years ago. He left 50% of his 401(k) to Dave and 50% to his estranged brother, Cameron. Dave hasn’t spoken to Cameron in 15 years. When their father died, neither he nor the pension administrator could find him.

Recently, Dave was notified that his brother, who had been in a nursing home, had died. His death certificate lists him as married with no children, though Dave heard from a family friend that Cameron was also estranged from his wife too.

Now Dave is wondering if he’s entitled to the other half of his dad’s pension.

Taking the first step

In cases like this, it’s typically best to consult a lawyer — especially if the deceased lived in another state or didn’t have a will.

Pensions are governed by federal laws, while state laws are aimed primarily at retirement plans for state employees. Inheritance law is handled at the state level, but taxes can involve both state and federal laws. So, it’s complicated — and navigating it alone can be tough.

Dave doesn’t necessarily have a clear-cut right to Cameron’s half of the pension.

If a plan has a single beneficiary, the plan owner can also name a successor or contingent beneficiary. That person inherits the plan if the primary beneficiary dies before the plan owner or declines the inheritance.

If there are multiple named beneficiaries, and one of them dies before the plan owner, the deceased beneficiary’s share is split equally among the remaining beneficiaries. However, the plan summary may outline a different way of handling this situation.

Because Cameron was alive when their father died, the only way Dave could have inherited his brother’s share is if Cameron explicitly declined it. Since the plan administrator never contacted Dave, that’s unlikely.