Legal Question in Wills and Trusts in California

Retirement Account

We recently had a family member pass away without a will. His retirement account lists his ex-wife and his son as beneficaries even though he is remarried. He didnt want the ex-wife to get the money in the retirement acct. He wanted the new wife and children to get it. What can we do to stop her from getting it.


Asked on 12/03/07, 6:41 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Retirement Account

Unfortunately, Mr. Roth is correct. If you create a contract you are stuck by the terms. If a significant amount of money is owed, take all the documents to an attorney who is expert in the fields of retirement law and estates and see if the attorney can find some loop hole in the retirement agreement. Talk to the ex-wife and see if some compromise can be worked out, but unless she is a very generous person or you can pointed out a decent legal argument on the new wife and child's side, do not expect much. After all, if you were in the same position would you give up the money, which she probably needs. Try to get the family members to not hate the ex-wife and son as it serves no purpose, is not their fault, and estranges the children from both sides to each other.

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Answered on 12/04/07, 5:45 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Retirement Account

Nothing. It is, unfortunately, so typical that people have no idea how to protect their family and loved ones in the event of death or disability. What you can do is prevent these types of problems in your own family.

I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.

You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.

Agian, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English (People Ease not Legalese) that will be valid in every State in the US.

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Answered on 12/04/07, 1:07 pm


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