What to do if my ex-husband owes me money at a future data from an IRA that is listed in his name only but he has his new wife listed as beneficiary on the account?

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What to do if my ex-husband owes me money at a future data from an IRA that is listed in his name only but he has his new wife listed as beneficiary on the account?

If he passes away prior to the date the divorce papers state he is to transfer my part of the IRA does that mean all the money will go to his current wife or will the divorce papers be honored?

Asked on April 5, 2013 under Estate Planning, Idaho

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

You are advised to go back to your family law attorney to prepare the necessary documents to obtain a noticed certified copy of divorce decree lien and file on the company administering the IRA,  that shows a previous decree takes affect ahead of the new wife beneficiary. Don't delay on this as your former could die at anytime, and you would lose out.


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