beneficiary

Hi I live in California. I divorced 10yrs ago and in doing so I waived equal share in his retirement and Ira account. He passed away 2 weeks ago and I just found out that he had made me beneficiary or his IRA account. His sister is a paralegal and said I gave up this right with the divorce. Is she correct. Thanks

[I AM ALWAYS LIABLE]

My response:

If your "waiver" was signed AFTER he made you the beneficiary, then yes, she's correct. If, prior to his death, he made you the beneficiary AFTER you had waived your rights, then by him doing so, he waived your "waiver" and you are then entitled to the money.

IAAL

A few little gliches since you responded to my question. I found out that in Feb. when he was really sick his sister flew in from Conn. and at that time he put her on his banking accounts which included his IRA acount so she could pay his bills for him since he was unable to write to sign checks. She left and around May he became really sick again and instead of sending all the bills and check books to Conn. he put me on all his accounts as well with her approval. This includes the IRA account. In talking with the bank it still states that I am sole beneficiary of this account. Now she says Im just intitled to half???????. I guess thats better than nothing or do I have a fight on my hands?

[I AM ALWAYS LIABLE]

My response:

She's blowing smoke up your ass.

How's that for being blunt ?

If you are the only one named on the IRA as his beneficiary, then you get the whole enchilada - - immediately. The bank must pay you upon presentation of his death certificate. The death certificate MUST be a certified copy, made by AND stamped by the County Clerk. The bank WILL NOT accept a mere copy that you made at Kinko's.

The only accounts that you need to share, by law, are only those accounts where both you AND the sister are named. That's it. It's over. Finito.

You're rich !

Now, send my $5,000.00 fee, care of FREEADVICE.COM, Attention "IAAL".

IAAL

[LegalBeagle]

Originally posted by I AM ALWAYS LIABLE
Now, send my $5,000.00 fee, care of FREEADVICE.COM, Attention "IAAL".

Surely you mean the 'Freeadvice Complaints & Advisory Board' which comprises of the top 3 contributors?

Things just keep getting worse and worse. When I got divorced we didnt know any better as to getting my name off the house. When his sister (who by the way is a paralegal) was down in Feb. with her help I filed a quit claim deed. In her words everything was taken care of. NOT. Now she tells me because he did not refinance the house my name is still on it and I am responsible for the money do on it. I think its time for me to get a lawyer. Shes taken me for a fool.

Probably true. The quit claim deed signed over your rights to the property, but if you signed a mortgage earlier and he didn't refinance, you're still on the hook. It would seem to me they'd try collecting from the estate first.

This gal is flirting with danger. Paralegals aren't allowed to give legal advice.

Im calling a lawyer tomorrow. She flew in from Conn two days ago telling me she was going to assume the loan and take over payments of the morgage and with this my name would come off. In two days she has packed and has ready to be shipped anything in the house that was worth to sell. Then comes to me and tells me she saw a lawyer in town and has retained him and that I am responsible for the remainder of the loan if it cant be sold for what is owed. How stupid of me to think the best of people.

Seems to me that your ex sister-in-law is a money hungry @$&#*.
Regardless of your divorce, you and your ex-husband must have been on really good terms. I am sorry for your loss, and hope you kick her a$$ in court!

Thanks Kelly. Im ready for the fight. And yes we were the best of friends and I miss him a bunch.