Legal Question in Wills and Trusts in Massachusetts

Re: X-Husband Dies (is remarried)

No, you are not required to sign anything. And you probably should not sign anything without having it reviewed by an attorney, especially if there is the prospect of a struggle between you and widow.

I am sorry for your loss.

Re: X-Husband Dies (is remarried)

Legally you are not required to sign the life insurance and retirment benefits over to his current wife. Those instruments are passed outside of probate and therefore are not controlled by his will or trust.

However, depending on your relationship with your ex-husband and how you morally feel is the right thing to do, you can consider doing what you think your ex-husband would have wanted. Did your ex-husband intend for his current wife to be taken care of with his life insurance and retirment money?

If you decide that you should pay over the benefits (all or some of it) to the current wife, you need to speak to an accountant because there will be gift and/or income tax consequences for turning that money over to someone else when you are legally entitled to that money.

Re: X-Husband Dies (is remarried)

No -- in fact, the Supreme Judicial Court issued a decision on the same set of facts several years ago which said that if a former spouse forgets to retitle the beneficiary designations on insurance policies, then the new spouse is out of luck. However, you should also take this opportunity to review the terms of your separation agreement to be sure that you did not somehow give up a right to any of those accounts.

Please feel free to contact me if I can be of assistance.

: X-Husband Dies (is remarried)

Excellent advice by all, especially Alexandra.

His mistake may well be your gain.

Re: X-Husband Dies (is remarried)

I am sorry for your loss.

But you have no legal obligation to sign over what has been left to you as a beneficiary outside of probate, unless the language of your divorce agreement waived your rights to the insurance and retirement benefits.

Do not sign anything with out reviewing this with an attorney and a tax advisor or accountant.