Legal Question in Wills and Trusts in New Mexico
Is "50% Joint & Survivor annuity" the same as "Joint and 50% spouse survivor annuity" ? Signed in Arizona for Az. company now we are residing in New Mexico.
Larry
Asked on 10/27/10, 8:27 am
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
I assume you are speaking of a beneficiary designation on a sole annuity. The language you quote is not used in NM. An annuity may be sole or joint in NM, and there is no need for the 50% language. NM is a community property state, as is AZ, but there are differences. In NM a spouse is entitled to 50% of all assets acquired after the marriage, or by gift from the other spouse. It appears that the annuity you describe would go 1/2 to the owner's estate at death, and 1/2 to the spouse. If that is the case, that form of ownership would be correct in NM
Answered on 11/30/10, 3:51 pm