Legal Question in Wills and Trusts in Oregon
spouse died
My spouse retired in 1994 and set-up a traditional IRA. He died in Dec. and did not remember to put me as beneficiary. His two adult sons are 25% ea. I believe his ex-wife is the other 50% but they won't divulge that to me even though I am the trustee. We had a living trust but did not name the trust, just that the IRA account be liquidated and distributed. I want to contact the ex. and have her call to see if she is the beneficiary. Can she disinherit the money and put it in the trust so I can follow my husbands wishes?? Do I have any recourse? I need some good news!
1 Answer from Attorneys
Re: spouse died
You may have recourse depending on the divorce decree- it should have dealt with that issue. Of course, if the ex is cooperative, you can certainly ask her to instruct the IRA company to distribute her proceeds to you.