What are a current wife’s rights if an ex-spouse is named as the 403 b beneficiary?

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What are a current wife’s rights if an ex-spouse is named as the 403 b beneficiary?

My spouse never changed beneficiary on his 403(b) annuity plan, listed as ex-wife 26 yers ago. Company has been unable to tell me whether plan is governed by ERISA and will only say the are a beneficiary-only plan. I assume it is non-ERISA. Is there a way for me to find out?

Asked on July 31, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a person is presently named as a beneficiary under one's 403(b) annuity plan, the currently listed beneficiary is entitled to information about the plan. I would write the plan's trustee stating that you are the designated beneficiary seeking the information that you want. Keep a copy of the sent letter for future use and need.


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