Legal Question in Wills and Trusts in New Mexico

Is "50% Joint & Survivor annuity" the same as "Joint and 50% spouse survivor annuity" ? Signed in Arizona for Az. company now we are residing in New Mexico.

Larry


Asked on 10/27/10, 8:27 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

I assume you are speaking of a beneficiary designation on a sole annuity. The language you quote is not used in NM. An annuity may be sole or joint in NM, and there is no need for the 50% language. NM is a community property state, as is AZ, but there are differences. In NM a spouse is entitled to 50% of all assets acquired after the marriage, or by gift from the other spouse. It appears that the annuity you describe would go 1/2 to the owner's estate at death, and 1/2 to the spouse. If that is the case, that form of ownership would be correct in NM

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Answered on 11/30/10, 3:51 pm


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