Legal Question in Wills and Trusts in Tennessee
Benificiary Law
My brother died 1/6/99 from a heart attack. He had no children and had been divorced since 1994. I was appointed administrator over his estate and the probate remains open to this date. He had worked for a local company for the past 26 years in which he had a retirement fund with the company. It exceeds in the amount of $50'000.00. The benificary was his wife during the time of his marriage. As stated earlier they were divorced since 1994 during which time she remarried and had a change of name. To this date she hasn't been located and the company refuses to turn the funds over to his estate.
If anyone can help or give me information regarding this issue it would be appreciated.
2 Answers from Attorneys
Re: Benificiary Law
The disposition of this retirement account should have been addressed when your brother got his divorce. His ex-wife may have had some interest in it at that time and that should have been divided or at least mentioned in the divorce decree. The entire account could have been awarded to your brother or some part of it could have been awarded to his wife. If no mention of the account was made in the divorce, I would want to ask your brother's divorce attorney why this was not brought up in the divorce......If it was not addressed in the divorce, the issue becomes whether the ex-wife is still entitled to the account. The written terms of the account should control this. It is possible that the ex-wife may be the sole beneficiary but this should be more fully investigated.
Re: Benificiary Law
The retirement fund by virtue of the divorce
may be subject to a Qualifed Domestic Relations
Order. If the estate has been opened and you have
an attorney, he or she should be able to determine
the status of the retirement fund by referencing the divorce
proceeding.
Related Questions & Answers
-
Nme Change How do I legally change my name? Asked 6/14/00, 11:04 am in United States Tennessee Probate, Trusts, Wills & Estates
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
