Legal Question in Wills and Trusts in Georgia

IRA death benefit...

My husband recently received a death benefit of $5200.00 as a joint tenant on an IRA of that of his ex-wife. She passed away unexpectedly due to a brief illness one month after their dissolution was final just over a year ago. Her family (sister & brother) insist that these funds are rightfully theirs although his name was never removed from the account nor were either of their names listed as beneficiaries. She leaves no spouse or children and did not have a will or trust. Do they have a claim?


Asked on 2/23/08, 6:17 am

1 Answer from Attorneys

James Swain Swain Law Firm

Re: IRA death benefit...

This is a common mistake. People think divorce changes the benficiary designations. IT DOESN'T change anything but the Will. If she was remarried Federal would have required that her spouse be the beneficiary.

Therefore if she was not married, the money is his.

You may still need an attorney to get them to leave him alone.

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Answered on 2/25/08, 12:36 pm


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