Legal Question in Wills and Trusts in Texas

Beneficiary

My second husband just presented to me a ''changein beneficiary'' form for his retirement from work (401K)??. His first wife is deceased. He has two adult sons. He wants to make me 50% and each of his sons 25%. I am hesitant to sign since we are both working hard toward retirement ....and he has quite a bit in life insurance he will be leaving them. Am I wrong in thinking that the retirement should be left to me...and mine to him?

What if I choose not to sign the form? Will the retirement continue to just go to me (since he had it set up that way for his first wife?) Thank you.


Asked on 2/02/06, 2:51 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Beneficiary

If the primary benefiary is his ex-wife, his retirement would go to his estate and be distributed in keeping with the terms of his Will. If no Will, you would get 1/3 of the portion earned before your marriage, and 1/2 of the portion earned after the marriage. Getting 1/2 outright is better than what you would get without a will.

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Answered on 2/02/06, 4:04 pm


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