My ex-husband passed away in December 2006. We divorced in December 2004 after a 7 year marriage. He did not re-marry before his death. His kept me as his beneficiary on one of his old retirement plans. This was from a job he quit before we were divorced.
Nationwide Retirement Solutions has contacted me and requested my divorce decree. I asked why and the woman rudely told me that they are trying to settle the death benefit. She did tell me that I was the beneficiary and that I should not tell anyone this particularly my ex's mother.
I have not sent the divorce decree yet. I decided to do a little research on this and find out what my rights are. An on-line attorney Q and A service told me that I have the rights to the benefit regardless of divorce.
My feeling is that Nationwide is trying to be "sneaky" by trying to change the beneficiary. Should I send my divorce decree to Nationwide or continue to withhold this information?
2007-07-23 05:53:08 · 4 answers · asked by The_New_Mrs_G 4 in Politics & Government ➔ Law & Ethics
My ex died with a lot of credit card debt and the creditors are starting to contact me and demanding payment. I need the money to pay these debts, otherwise, I would turn the money over to my ex mother-in-law.
Thanks to anyone that can give me good advice!
2007-07-23 05:55:05 · update #1
As the beneficiary you have the right to receive any proceeds of the financial instrument. If the instrument is not included in his estate (meaning you are the beneficiary in the instrument, rather than just the will) it should pass to you without being subject to creditors seizing it.
Understand that you are in no way responsible for any of your ex husband's debt so long as your name was not on any of it. If they try to harass you, ask them to send copies of all the paperwork via registered mail to your attorney and ask that they conduct all further communication through that individual or firm.
2007-07-23 12:00:02 · answer #1 · answered by Bright Future Penguin 3 · 2⤊ 0⤋
Divorce does not change the beneficiary in a will. However, his mother can contest the will. Give Nationwide copies of the paperwork - keep the originals.
FYI, you are NOT responsible for the debts of your ex. Tell them he is dead and you were divorced 3 years ago. Also tell them you will report them to the state attorney general if they continue harassment.
2007-07-23 13:02:22 · answer #2 · answered by Enchanted 7 · 1⤊ 0⤋
The reason they need to see the divorce decree is to see if it specifically addresses those benefits. If the decree either grants you the assets or specifically states you are not entitled to them, the insurance company would need to comply with the decree. if the insurance is not specifically addressed, they would have to go with the beneficiary assignment on record.
2007-07-23 13:11:11 · answer #3 · answered by davidmi711 7 · 0⤊ 0⤋
I would contact an attorney in your area to help you with this.
2007-07-23 13:16:02 · answer #4 · answered by Lori B 6 · 0⤊ 1⤋