Legal Question in Wills and Trusts in Ohio

I am divorced from my first husband for 13 years, we have two children. In our divorce we signed a wavier that either of us would go after each others retirement accounts. Well my exhusband died last year and when I called his financial advisor about our childrens accounts they informed me that I was still named as a beneficiary on one of his IRA accounts.He remarried about 3-1/2 years ago and for some reason this account nevered was changed. As time went on I was not notified from the fund and I find out that they awarded the IRA to her because of the waiver. How do I know that he didn't attentially leave the account in its original form so the two children could have something for college, because he did not have any life insurance. I was never give the option to defend my rights as a beneficary. I would like to know if I have any rights or did the children lose any claim to the IRA?


Asked on 9/20/10, 5:52 pm

1 Answer from Attorneys
Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

You should consult an attorney who can review all the facts as soon as possible to determine your rights.

There was a Supreme Court decision last year that states the beneficiary designation control the dispositon of retirement accounts even though the divorce decree stated the ex wife had no right to the benefits. In this case the exhusband did not change the beneficiary designation and the benefits were paid to the ex-wife.

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Answered on 9/27/10, 6:22 am


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