Am I legally entitled to my fiancee’s IRA annunity?

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Am I legally entitled to my fiancee’s IRA annunity?

My fiance of 12 years suddenly died. He had an IRA annuity worth about $10,000. His ex-wife had claim forms mailed to my home with her name and my address on the envelope. She was divorced from my late fiance over 14 years ago and she now resides in IN. My late fiance and I have been living together since  04/01. I know that TX recognized us as being common law married. My late fiance did have a Will but I would like to know if I am legally entitled to my fiance’s IRA annuity?

Asked on November 8, 2010 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  Did the IRA have a beneficiary associated with it?  I have a lot of questions here as to this matter so I think that your best bet would be to go and seek legal help here from an attorney in your state.  You state that he is "your fiance" but then claim that the State of Texas recognized you as married.  Which is it?  Yes, Texas does recognize common law marriages and I think that you may have to go to coutr and have yourself declared that legally in order to collect here.  I am not sure , though, that his ex is entitle dot anything either.  If there is no beneficiary form then it goes to his next of kin under the intestacy statutes.  Does he have kids?  Parents that survived?  Siblings? Get help Good luck.


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