Legal Question in Wills and Trusts in California

My ex husband made me the beneficiary of a small Ira in 1989. Though he remarried he did not change his Ira. The widow is not the beneficiary. However the Company refuses to give me the Ira


Asked on 12/08/10, 6:17 pm

2 Answers from Attorneys

The company is in the middle of potentially compteting claims. Just because you are the named beneficiary isn't the end of the story. If he made contributions to the IRA after he remarried, the new wife has a competing community property interest in some of the money. You and she will have to sort out your claims by agreement or litigation before any sensible IRA administrator would distribute the assets.

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Answered on 12/13/10, 6:55 pm
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Your rights might also be governed by your divorce settlement. Your best bet is to see what that says and then talk with the new wife. If you can't do it yourself, you can have someone try and talk to her for you. If you have to get lawyers involved, do so, but you should try an avoid litigation if you can. Good luck.

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Answered on 12/14/10, 9:04 am


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