What are my legal rights when my ex wife passed away and I am still listed as her beneficiary? 1 Answers as of February 16, 2012
Recently my ex wife passed away. Although we were divorced, we remained friends; however she did change her will and update/change her beneficiaries. She opened an annuity several years before our divorce (this money was from a pre-taxed retirement fund), my ex wife never changed me as the beneficiary. I was contacted by the financial organization stating that I was the beneficiary but they had been informed of our divorce. They told me that they needed to verify the correct beneficiary and want a copy of our divorce papers, specifically the pages that cover investments, savings, annuities, retirement plans. I have included the statements below from our divorce papers that cover savings/investments, etc. Can you tell me if I may still be considered the beneficiary? We were married in South Carolina, she moved to Georgia after separation and our divorce was finalized in Georgia. When she passed away she was a resident of South Carolina. Thank you in advance for your time.SAVINGS AND INVESTMENTS (A) As an equitable division of property, the Wife shall be entitled to retain as her separate and sole property all individual retirement accounts, pensions and profit sharing plans, 401K plans, pension plans, investment accounts, retirement funds, and other savings and checking accounts listed in her individual name, as of the date of the execution of this agreement. (B) As an equitable division of property, the Husband shall be entitled to retain as her separate and sole property all individual retirement accounts, pensions and profit sharing plans, 401K plans, pension plans, investment accounts, retirement funds, and other savings and checking accounts listed in his individual name, as of the date of the execution of this agreement. IV. LIFE INSURANCE - The Husband and Wife shall each be entitled to retain the life insurance policies insuring their respective lives, inclusive of any cash surrender value of any such policies.
Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click hereTHE BROOME LAW FIRM, LLC | Barry D. Broome
As a general rule, beneficiary designation are outside the Will. That means the beneficiary designation controls the distribution of the funds. However, if the divorce document states that any beneficiary be changed on these specific documents but not done the Divorce papers will trump. This is a serious and complicated situation.
Answer Applies to: Georgia
Replied: 2/16/2012



