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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?
Florida is an equitable distribution state. Did the divorce decree address how property was to be equitably distributed between the ex-spouses?
Hello, new expert here...
Can you tell me when husband passed?
Are you saying you were named as the beneficiary of his IRA?
OK, I can answer your question if you first answer mine....When did husband pass away? What year?
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.
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.
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.