Legal Question in Wills and Trusts in Nevada

I am the beneficiary of my ex-husband’s TSA annuity. This was not included in the divorce decree. Am I still entitled to it? I received information from the insurance company, but I don’t want to bother filling it out if I am not actually entitled to it. Thank you.


Asked on 7/25/23, 11:08 am

2 Answers from Attorneys

James Smith James E. Smith Ltd.

Unless you were awarded the annuity in the Decree you may have to claim it in probate court I would apply for it now.

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Answered on 7/25/23, 1:30 pm
Richard Bryan Richard Bryan Attorney PC

That's a great question, and the answer is going to be specific to Nevada. Honestly you really don't want rely on online advice for this; see someone face to face and bring the paperwork for the divorce and what the annuity people sent you, and a copy of the death certificate if you can get it. Also write down in advance all of your husband's blood relatives, and include his spouse if he was married when he died. Typically the rule is a beneficiary is removed "by operation of law" after a divorce, but there are very many exceptions. For example, your ex-husband might have done something to "reaffirm" he wanted you as his beneficiary even though you were divorced. My uncle had that situation when he died.

Good luck.

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Answered on 7/25/23, 10:55 pm


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