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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33708
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I was divorced but my husband of 40 years had an IRA in my

Customer Question

I was divorced but my husband of 40 years had an IRA in my name Though his estate went to my children was I entitled to his Ira if my name was still on it.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Attorney2020 replied 5 months ago.

What state was your husband located in at the time of your husband's death? Also, how was the money earned that was funded into the IRA?

Customer: replied 5 months ago.
Florida although the will was written in Pa when we were still married. we were divorced in Florida when he died . Ira was from a police pension from NY that I was always the beneficiary of throughout the marriage.
Expert:  Attorney2020 replied 5 months ago.

Florida is an equitable distribution state. Did the divorce decree address how property was to be equitably distributed between the ex-spouses?

Customer: replied 5 months ago.
I was entitled to insurances That is why I am asking separately about his iRA which was never changed over .That's all
Expert:  Barrister replied 5 months ago.

Hello, new expert here...

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Can you tell me when husband passed?

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Are you saying you were named as the beneficiary of his IRA?

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thanks

Barrister

Customer: replied 5 months ago.
I was the beneficiary of his IRA ii received insurances thru divorce The rest went to my children allI want to know is if his Ira is counted separately and might have come to me if it hah never been changed .Please answer This!
Expert:  Barrister replied 5 months ago.

OK, I can answer your question if you first answer mine....When did husband pass away? What year?

Customer: replied 5 months ago.
2012
Expert:  Barrister replied 5 months ago.

Ok, this is going to be close because it is going to depend when in 2012 he passed. The reason this is critical is that FL in 2012 changed the law about divorce and beneficiaries on 401Ks, IRAs, pensions, etc. so that a divorce would be deemed to have revoked any beneficiary designation in favor of the ex.

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Under the new law, after July 1, 2012, if a beneficiary designation is made prior to the owner's death on an employee benefit plan or other similar non-probate asset like an IRA, the designation is voided when the marriage is terminated.

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So if he passed after July 1, 2012, then you are no longer the beneficiary of his IRA regardless of what the IRA says.. If he passed June 20 or earlier, then you would still be the beneficiary and would have had a claim to those funds.

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thanks

Barrister

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