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!


Asked on 1/25/08, 2:05 pm

1 Answer from Attorneys
Bonnie Popia Proctor & Popia, LLC

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.

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Answered on 1/25/08, 2:22 pm


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