Legal Question in Wills and Trusts in New York

My wife Judy recently passed away from a long battle with cancer. When we knew she would be in treatment for a long time she changed made me the beneficiary of her life insurance policy. while going through some files I found an IRA where her son, who is 32, is named as the beneficiary for that fund. I truly beleive this is an oversight as my wife never updated thia account from her maiden name nor did she provide a current address. I am contesting this because for several reasons: I am left with significant debt incurred during the five years of treatment; her son only came to see his mom when I called him and asked that he come to spend time with her; in the last 2 weeks of her life he did not call and visit. To top this off he missed her memorial service of which he was informed by myself, his aunt and his uncle. Do I have grounds or means to contest this?


Asked on 8/14/12, 5:56 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

While, traditionally, any asset having a designated beneficiary, like the IRA, passes pursuant to the beneficiary designation, the fact she married after the existing beneficiary designation was in place might open the door for you to raise the issue. Many issues could be raised that could impact a decision, but the fact she never changed it might be dispositive. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship. Facts not presented but which could be relevant could result in a different response.

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Answered on 8/14/12, 9:39 am


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