Legal Question in Wills and Trusts in New Jersey

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.

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

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Whlle I have not seen the agreement, here is my opinon based on these facts. (1) He had the right to change the IRA beneficiary and didn't. Wife can argue he waived right to change it and stay the beneficiary. (2) Wife or child may have a claim for the isurance amount. There may be provisions in the document covering this. (3) Estate may have claim for qdro distribution. This is a response to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/06/11, 8:08 pm

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