New Jersey  |  Wills and Trusts

Legal Question

Asked on: 12/06/11, 6:32 pm

A property settlement agreement states that the ex-wife waves all rights to her former spouces IRA and 2 years later he dies without changing the beneficiary of the IRA, is she entitled to the IRA or does it go to the estate?

That same agreement states that the husband maintain a $100,000 life insurance policy naming the ex-wife as beneficiary for the benefit of their child and he failed to secure the court ordered policy, does the ex-wife have a $100,000 claim against the estate?

Finally, the order specified that the ex-wife was to have a qdro distribution from her annuity fund distributed for the benefit of the ex-husband. She failed to do so. Does the estate have a claim against her for the qdro?

All parties live in NJ.

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