Legal Question in Wills and Trusts in Colorado
My spouse just suddenly passed. He left a will where he left all his assets to me. I found a retirement plan that he never changed the beneficiary on. It's his ex-wife. She is now remarried. They had a nasty divorce years ago. I got the notification of her status in our mailbox. I called her and told her about it and asked that she change it over to me. She said "of course". She has since called me and said she called the account and had it changed into her name and plans to keep the money for all the troubles he put her through during their divorce. Can I do anything about this? He clearly intended all his assets go to myself and children, not to her. Thank you.
1 Answer from Attorneys
A Colorado statute may protect you. The purpose of the statute is to revoke prior beneficiary designations to a prior spouse where the marriage was dissolved. The statute does not apply in all situations, such as where the beneficiary designation to the prior spouse was part of the divorce settlement.
You should consult with an attorney in your area who specializes in estate administration to determine if this statute protects you.
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