Q: My husband of 20 years past away. His estate is going through probate now. Can his ex-wife be entitled to something? She now claims that she owns all the assets in his IRAs and 401K, totaling $2,000,000. Is this LEGAL?
A: Yes. Many people do simple wills before their death and do not seek advice of professional Estate Planning attorney. As a result, they forget about such important assets in their estate as IRAs, 401K(s) and other retirement accounts.
Independent of your intentions, such as seeing the assets distributed to your wife and children, custodians of retirement accounts must follow the directions of the beneficiary designation form - even if that means that $2 million of the assets legally go to an ex-wife from 20 years ago.
Q: What should I do to make sure correct beneficiaries inherit all of my estate?
A: Consult with an Estate planning attorney prior to divorce, marriage, birth of a child and other important life changing event. Many divorce attorneys do not draft separation or divorce documents properly often forgetting about very important assets that by law belong to your current spouse. Such assets are your IRAs, 401(k)s, pension plan accounts and others. If you designate someone other than your spouse to inherit such assets, you need your spouse's permission! If you get divorced from that spouse, you must properly remove such spouse from those assets.
Most important advice any good attorney can give you - review your estate plan including your beneficiary designations annually and during important changes in your life. And for once, let the professional handle your estate planning needs!
Referrals to New York State attorneys. The Lawyer Referral and Information Service is a public service of the New York State Bar Association that provides ...
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
Please see the article below for the improper political intervention of the Velella family with Family Court Judge David Klein: case of T...
-
The need to renew previously made requests has been in the news recently with lots of reminders that if you don't a request to be on the...
-
re-posted from Parentadvocates.org LINK The subtitle of the article on the July 29, 2012 New York Post: "Judges' pals cashing in...
-
Party Must Prevail on All Issues to Be Awarded Counsel Fee Pursuant to Agreement Provision In Matter of Bederman v Bederman, --- N.Y.S.2d --...
-
Be sure to read our # Funny # New # Blog "Law And Humor" filled with entertainment from the legal world! http:// lawandhumorny....
-
Judge Nelson Roman, Deputy Mayor Carol Robles-Roman, Is Approved For Seat in Southern District CourtSenate Committee Approves Roman for Southern District By Mike Paquette New York Law Journal March 4, 2013 LINK Cover Story: Hispanic Power ...
-
In 2007, the Court of Appeals reaffirmed the longstanding Appellate Division case law "that a carrier's failure to seek verificatio...
-
Matter of Koeppel 2011 NY Slip Op 51709(U) Judge Keistin Booth Glen Decided on January 19, 2011 Sur Ct, New York County Glen, J. Published b...
-
Юридический ликбез: в каких случаях имеет смысл создавать Отзывные Трасты Будучи адвокатом , специализирующимся на вопросах создания Трастов...
-
The story about Scott Bloch and his disdain for the public he was supposed to serve is not just judicial corruption, but public service gone...
Không có nhận xét nào:
Đăng nhận xét