If the pension was an ERISA plan, then the beneficiary or beneficiaries named is the person or are the persons that get the benefit, regardless of the Decedent's marital status. If it passes to you and your brothers, then you all will need to claim the proceeds. If you all disclaim, then there will be a hierarchy of persons that take, which will culminate in your dad's Estate receiving the proceeds. In such case, the pension will then pass according to his Will, i.e., to your step-mom.
There is some legal wrangling that must take place and you have to coordinate with the pension plan administrator. I recommend you hire an attorney to help you with the process.
Sincerely,
Kevin Spencer
www.spencerlawpc.com
(214) 965-9999
Answered on Jan 03rd, 2017 at 1:21 PM