Legal Question in Elder Law in California

Ira beneficiary change

My father died nov 1999 left his wife my stepmother the house worth $800.000 an ira worth $950.000 she split ira into 2 accounts me as beneficiary of 1 half her trust the other half and her daughter beneficiary of trust plus house in 2005 stepmom maried her caregiver he is 45 she is 81 in sept 2005 she changed beneficiary my half to her trust so now her daughter gets everything in jan 2006 the court appointed a conservator she died may 2008 can anything be done about the ira beneficiary change the court had their marrage annulled


Asked on 3/19/09, 3:00 am

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Ira beneficiary change

I'd see an attorney quickly to make sure you still have time to file anypossible claims. If the 2005 marriage was annulled due to capacity issues, the 2005 beneficiary change may be void if her non-capacity can be proven.

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Answered on 3/19/09, 6:51 pm
Terry A. Nelson Nelson & Lawless

Re: Ira beneficiary change

Any disputes, changes, etc., must be sought via court orders. You're talking about issues several years old, so there may be 'time bar' issues to them. The only way you're going to get an informed answer is to consult with an attorney and go over all the facts and court documents. Feel free to contact me if serious about doing so.

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Answered on 3/19/09, 2:02 pm


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