Legal Question in Wills and Trusts in Maryland

Spouse vs. divorced spouse rights

My husband of 15 years died leaving only retirement benefits from TIAA. He had never removed his first wife's name as beneficiary (they have been divorced 18 years). The company states she is entitled to 1/2 the retirement benefits. Is this something I should persue?


Asked on 2/09/98, 6:00 pm

1 Answer from Attorneys

beneficiary trust

Unfortunately, many pensions, like insurance plans, are distributed by the name of the beneficiaryon the plan itself. You cannot change thissimply by executing a new will, you must actuallymake that change with the organization administratingtheir pension.

I would still suggest that you see an attorney,who can review the documents to make sure thatthe beneficiary has not been changed, or that there is no exception in your plan. The pension administrator ultimately is trying to protect itsintrests in distributing the pension, and you shouldseek counsel for any intrest you may have.

You should seek the advice of an attorney whowill give you a free consultation. Then it willnot cost you anything to have someone who is intrestedin your best intrests to tell you whether you havea case.

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Answered on 2/13/98, 10:07 am


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