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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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My husband passed away a few weeks ago. I located account information

Resolved Question:

My husband passed away a few weeks ago. I located account information for a profit sharing plan thru his place of employment. He named a beneficiary (not me) in February of 2013 when we were not married. Then we were married in April 2013 and he past away soon after that. Am I entitled to the funds since we got married after he previously named a different beneficiary?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

You're not automatically entitled to the money although you could be entitled to a portion of it.

JD 1992 :

Who was the other beneficiary? Not their name, their relationship to him?

JD 1992 :

The website is showing you are offline so I will save and exit so I can assist others. If you have any additional questions please feel free to ask them in this thread. I will be online most of the day but it may take a little while for me to answer if I am assisting others.

Customer:

The other beneficiary was his sister. I've briefly read on my own that I may be entitled to 50% as the spouse.

JD 1992 :

You may be, it depends on the wording of the plan, the length of time you have been married, how much was contributed to the plan during the marriage, etc.

Customer:

Ok. Just wondered if there were any specific laws to back it up. I will continue checking into it with the provider.

JD 1992 :

There are but the laws that apply depend on the specific facts including all the things I just mentioned.

JD 1992 :

If it was left to an ex wife then the answer would be easy, but left to another family member it gets much more involved.

Customer:

Ok. Thanks.

JD 1992 :

Best wishes to you.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information. Also, issuing a positive rating keeps the question from “timing out” so you can return in the future if you think of a follow up.



However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.


 


Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you on a future question just put “FOR JD 1992” in the subject line and I will pick up as soon as I see it.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27025
Experience: Began practicing law in 1992
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