Who will become the beneficiary of my son's individual retirement account?

As to an IRA started Pre-Marriage the Wife will have a limited interest, usually a percentage of? the amount earned by the account while the parties were married.

The assigned beneficiaries are entitled to inherit. He would need to have changed the beneficiaries for her to get anything.

Depending when they were purchased she is entitled to a portion of what was earned during the marriage. It doesn't matter who is named as the beneficiary as long as he is alive as that can be changed at any time. Anything earned by either him or his wife during the marriage is community property, regardless of who earned it, unless they had a prenuptial agreement to the contrary.

A beneficiary designation, under a written instrument or law, that authorizes a transfer of property pursuant to a written designation of beneficiary, transfers the right to receive the property to the designated beneficiary who survives, effective on death of the owner, if the beneficiary designation is executed and delivered in proper form to the transferring entity prior to the death of the owner. Generally, Beneficiary designations override a will. Typically, unless a person changes who the beneficiary is, the beneficiary is still the person who was named at the time regardless of who enters one's life. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.

Generally he can change the beneficiary if he wishes. However, in the course of a divorce in a community property state such as Wisconsin, the IRA-or any similar account-will usually be divided, either by the divorcing spouses through an agreement, or else by the Court.