Legal Question in Family Law in New Jersey

Designate Other Than Spouse as Beneficiary

Do I need my spouse's signature on the IRA Beneficiary Change form to change the beneficiary name from his to my children?


Asked on 11/10/06, 9:08 am

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Designate Other Than Spouse as Beneficiary

I do not know why his signature would be required. Your IRA is created by an agreement between you and the institution. You opted to make your husband beneficiary and now you should be able to make your children the beneficiary, unless an action for divorce has been filed and is pending. In such an instance it would be pointless to change the beneficiary on an asset

which may be split with your husband.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 11/10/06, 9:22 am
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Designate Other Than Spouse as Beneficiary

If he is married, yes he will need his spouses signature. If he is divorced, then before he does this, he should make sure it is compliance with and divorce judgment or property settlement agreement. He should also check with the plan administrator to see if they agree.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/10/06, 9:23 am


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