Legal Question in Wills and Trusts in Texas

IRA Beneficary Xwife and estate of deceased

X-husband had IRA bought while married we divorced and he passed away 2 1/2 years later found he had not changed beneficary on his IRA (he still had my name as beneficary. Does his estate have an issue to file suit against me. we divorced in 96, he passed away in 99, collected,money in 99 from his IRA.He also never changed his will for he died under impression it would stand as he wrote it. probate of will is over and almost done. Thanks for and info on this IRA issue


Asked on 9/04/03, 2:10 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: IRA Beneficary Xwife and estate of deceased

If the estate has contacted the holder of the IRA and made a claim against it, you are probably out of luck.

Usually a divorce will cut you off, unless it's been awarded to you as part of the divorce decree or you are designated to receive the IRA in trust. However, if no claim ahs been made and there are no other named alternate beneficiaries, you may have a valid claim for payment.

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Answered on 9/04/03, 5:18 pm
Cheryl Rivera Smith The Smith Law Firm

Re: IRA Beneficary Xwife and estate of deceased

Under Texas Probate Code S. 69, if a will is not changed after divorce, the ex-husband's will will read as though you did not survive him. Generally under the Texas Family Code (see - http://www.capitol.state.tx.us/statutes/fa/fa0000900.html#fa025.9.301)your designation as beneficiary will be void, unless the funds are to be held in trust for children. However, there is a question as to whether Federal common law effectively prevents the ex-spouse from retaining benefits. You may want to consult an attorney.

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Answered on 9/04/03, 6:49 pm


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