Legal Question in Wills and Trusts in California

I am the sole beneficiary on a State 457 plan of my ex-husband's. He passed away 1-14-10, after a year and a half Nationwide Retirement Solutions will not pay me. I have a copy of the original form stating " that regardless of adoption, divorce, etc. the beneficiary selected will be paid"...Nationwide claims that sometime after that form, changes were made to reflect that in a divorce a new beneficiary designation form had to be made out even if the ex-spouse was to remain as sole beneficiary. For 30 years we retained each other as beneficiaries, even thou in our divorce papers it stated that it would be the individual sole and separate property. We made a verbal agreement that money earned together would stay together. In his "WiLL" and trust he intentionally disinherited his children and stated that anyone that challenged these would not receive a thing. The children did contest the Will and they have actually been paid a portion of several annuities, bank accounts, home sale, etc which was agreed upon in mediation with another family member that was acting as a personal representative. However, I have been unable to present a debtor's claim because according to my attorney, there has never been an executor appointed by the court's. Is any of this legal and do I stand a chance at getting any money or should I just walk away?

Asked on 9/27/11, 11:41 pm

Gary R. White Burton & White

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0 attorneys agreed

If you have an attorney, who is likely to have much more information about your case, ask him your question(s).

Answered on 9/28/11, 1:36 pm

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