Legal Question in Wills and Trusts in Oregon
Ex-wife is 50% beneficiary of dead husbands IRA
My husband died in Dec. He forgot to make me beneficiary of his IRA. His ex-wife is 50% beneficiary. I have talked to her and she wants me to have the money. However, his two sons are 25% ea. Is there a way for her to give me her 50% or does it automatically have to go to his two sons since she is the ex-wife and not entitled. My husband & I do have a trust with specific instructions about the IRA.
1 Answer from Attorneys
Re: Ex-wife is 50% beneficiary of dead husbands IRA
I think if she disclaims her share then his two sons should split the IRA 50/50.
If his ex-wife accepts the funds, she is free to do anything she wants including making a gift to you. That's a matter of goodwill than a matter of right. If you're asking whether you can force this transfer, I think that's doubtful.
Isn't the short answer that the ex-wife would just give the funds? From your question it seems that you're doubtful that she will part with the funds.
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