Legal Question in Family Law in New Jersey
Designate Other Than Spouse as Beneficiary
Do I need my spouse's signature on the IRA Beneficiary Change form to change the beneficiary name from his to my children?
2 Answers from Attorneys
Re: Designate Other Than Spouse as Beneficiary
I do not know why his signature would be required. Your IRA is created by an agreement between you and the institution. You opted to make your husband beneficiary and now you should be able to make your children the beneficiary, unless an action for divorce has been filed and is pending. In such an instance it would be pointless to change the beneficiary on an asset
which may be split with your husband.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Designate Other Than Spouse as Beneficiary
If he is married, yes he will need his spouses signature. If he is divorced, then before he does this, he should make sure it is compliance with and divorce judgment or property settlement agreement. He should also check with the plan administrator to see if they agree.
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