Legal Question in Wills and Trusts in Virginia
If a benificiary is never changed after divorce, is that document still leagal and binding?
Asked on 2/04/10, 8:20 am
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
If you mean a beneficiary named in a will who was the spouse of the testator(will writer), the bequest with respect to such beneficiary is nullified by the divorce.
Answered on 2/09/10, 9:09 am
Paul B. Ward
Law Offices of Paul B. Ward
While the divorce will treat many beneficiary designations as if the surviving former spouse had died before the deceased spouse, that is not true of certain beneficiary designations of, for example, Thrift Savings Plans; some Federal retirement plans believe they know better than their retirees what to do with assets after the retiree dies, which strikes me as absurd.
Answered on 2/10/10, 6:48 am