Legal Question in Wills and Trusts in Ohio

My sister and her husband had divorced and then reconciled when he died unexpectedly in January 2012. They were not married, though she had moved back into their house (she was still half owner) a few months prior to his death. He had not removed her as beneficiary of his life insurance or retirement plans. His parents claimed the life insurance and retirement money. Under ERISA law, does that money belong to her?

Asked on 12/03/12, 4:59 pm

1 Answer from Attorneys

Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

It could very well be that she remains entitled to the benefits, but this depends upon the divorce decree as well. She should consult with an attorney regarding this matter.

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Answered on 12/05/12, 7:18 pm

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