IRA beneficiary designation

[Guest feelsthemusic]

My husband and I lived in separate households for 1 year and 10 months. He died 10 days ago. I was still named as a beneficiary on his IRA. Since, at one time we contemplated a legal separation, a division of property was completed and signed by the both of us. On the division of property form I gave up interest in the IRA. However, we later learned that he could not stay on my health insurance plan if we were legally separated, so the legal separation document including the division of property was never filed with the court. Since my husband's death, his children have come across this document and are taking me to court to disallow my receiving a percentage of the IRA. It was verbally agreed upon by my husband and myself that if I kept him on the health insurance plan, that I would remain as a partial beneficiary of his IRA and continue as a surviving spouse on his pension plan. My question is since the separation document and division of property document was never filed with the court, and I am still his legal spouse and I never signed off as a beneficiary on a new beneficiary designation change form, am I still entitled to my beneficiary status? Is a document that was never filed in court and was never acted upon legal and binding? Thanks for any assistance anyone can give to me.

[Guest mjb]

If you are legally married at his death you have all the rights as his spouse. Your rights as beneficiary of his IRA are determined under state law. What does your attorney say?

[Guest feelsthemusic]

If you are legally married at his death you have all the rights as his spouse. Your rights as beneficiary of his IRA are determined under state law. What does your attorney say?

My attorney says the document I signed (the legal separation document) which was never filed contained a property division attachment in which the IRA was included could be a problem. I don't understand if the document was never filed and we were never legally separated how that document can be valid and binding. The stepdaughter and her two siblings are also beneficiaries of the IRA to the tune of 66%. They simply want it all. I cared for their father through 3 cancer operations and 2 hip replacement operations. We were married for nearly 17 years. I have always had a close relationship to this stepdaughter and I am in a state of disbelief that she is doing this. Her children call me grandma, she wrote the obit. and listed me as his wife. What I need to know is if I am wasting my money on legal fees, if I don't stand a chance to defend myself. I would also like to mention that a deathbed will was executed on the day before he died. He was heavily medicated for pain and in that will there is a paragraph disinheritng me. Also would like to point out that she called me the day after he died to come to the funeral home as they would not let her authorize the cremation. They said they need the legal spouse's signature to authorize it.

[Guest mjb]

you need a better explaination- General rule is that death of one party to marriage before final divorce is granted returns the parties to the state they were in as if divorce action was never filed, eg. they were legally married. Ask if there is a specific law that would enfore a separation decree after the death of one party. Q were you divorced as of the date of his death?

[Guest feelsthemusic]

you need a better explaination- General rule is that death of one party to marriage before final divorce is granted returns the parties to the state they were in as if divorce action was never filed, eg. they were legally married. Ask if there is a specific law that would enfore a separation decree after the death of one party. Q were you divorced as of the date of his death?

No, we were not even legally separated. I was still the legal spouse, no action was ever filed in the court. I really appreciate your help with this.

[John G]

This is sad, but not surprising. Folks get twisted over money all the time, and often over modest amounts of money.

I am not a lawyer, but I think that you will be upheld as the legal spouse and the IRA beneficiary decision will hold. One very important piece of information is that your former husband did not change the benefitiary designation on his IRA. He apparently had plenty of time and the process is not hard. A death bed will disinheriting you has no impact on the beneficiary designation.

Because there is a conflict and second document, I doubt the custodian will take any action until they get a court ruling.

I wonder how the children might react if your health insurance company starting threating his estate with all of the medical bills! If their arguement of legal separation prevails, then your insurance company could seek repayment. If the insurance company came after you, then you would of course file against the estate.

You need a good attorney, one that actively defends your position. However, you may also want to consider getting all parties to submit to arbitration. A substantial portion of the estate could get ground up by attorney fees and court costs.

Again, I am not a lawyer. Please post again.

[Guest feelsthemusic]

This is sad, but not surprising. Folks get twisted over money all the time, and often over modest amounts of money.

I am not a lawyer, but I think that you will be upheld as the legal spouse and the IRA beneficiary decision will hold. One very important piece of information is that your former husband did not change the benefitiary designation on his IRA. He apparently had plenty of time and the process is not hard. A death bed will disinheriting you has no impact on the beneficiary designation.

Because there is a conflict and second document, I doubt the custodian will take any action until they get a court ruling.

I wonder how the children might react if your health insurance company starting threating his estate with all of the medical bills! If their arguement of legal separation prevails, then your insurance company could seek repayment. If the insurance company came after you, then you would of course file against the estate.

You need a good attorney, one that actively defends your position. However, you may also want to consider getting all parties to submit to arbitration. A substantial portion of the estate could get ground up by attorney fees and court costs.

Again, I am not a lawyer. Please post again.

[Guest feelsthemusic]

This is sad, but not surprising. Folks get twisted over money all the time, and often over modest amounts of money.

I am not a lawyer, but I think that you will be upheld as the legal spouse and the IRA beneficiary decision will hold. One very important piece of information is that your former husband did not change the benefitiary designation on his IRA. He apparently had plenty of time and the process is not hard. A death bed will disinheriting you has no impact on the beneficiary designation.

Because there is a conflict and second document, I doubt the custodian will take any action until they get a court ruling.

I wonder how the children might react if your health insurance company starting threating his estate with all of the medical bills! If their arguement of legal separation prevails, then your insurance company could seek repayment. If the insurance company came after you, then you would of course file against the estate.

You need a good attorney, one that actively defends your position. However, you may also want to consider getting all parties to submit to arbitration. A substantial portion of the estate could get ground up by attorney fees and court costs.

Again, I am not a lawyer. Please post again.

Thanks for writing to me. I am attempting to see a family law attorney today and possibly an estate attorney. Don't know which one would be best. I will let you know what happens.