Legal Question in Wills and Trusts in California

Re: divorced from beneficiary

Get a certified copy of the divorce judgment, and the settlement agreement. Take these to an attorney in the state where the will is being probated. The attorney can tell you whether you are entitled to inherit the funds, or whether the divorce order gave her ex-husband any rights to her retirement. The answer depends on the agreements, and the law of the state. I cannot tell you how it will come out, not knowing what the documents say, when they were written, and in what states the proceedings are taking place....

Re: divorced from beneficiary

Check the old divorce papers and particularly any property settlelemnt agreement. If it is clear from the documnets that the exhusband gave up any interest in the account in thgose papers, then you may have to go into court to confirm that he is not entitled to the funds. He may be willing to do it voluntarily to save the expense.

You may also want to talk to the lawyer who handled the divorce to see why he or she did not follow through and see that the name was taken off the account if that was the agreement.

Be aware that there is a distinction between ownership of the account and a beneficiary's interest.

As a last resort, you can always file a court proceeding to reform the situation based von mistake or inadvertance in not making the change, and,good luck.