QUESTION
My husband disinherited me is this legal?
Asked on Jul 09th, 2013 on Estate Planning - Utah
More details to this question:
My husband died last week, he left four beneficiaries for an insurance policy, excluding me; cashed out his 401k, there is no fund in his saving, IRA and Credit Union accounts. I gave authorization, years ago, for him to receive a lump sum of $500,000 from his pension. Where did the money go. He left me nothing. Is this legal?
13 ANSWERS
Gerald McNally
This is an extremely complex question. It will be necessary for you to consult with someone experienced in estate planning and probate to determine your rights. Be sure to bring all relevant documents, as your lawyer will need to review them.
Answered on Jul 11th, 2013 at 7:49 PM
2 Awards
You are entitled to your 1/2 of the community property, the other 1/2 can go where ever he wanted.
Answered on Jul 10th, 2013 at 9:51 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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You may have a right to a "spousal share," but will evaluate how much you may be able to get and the cost to do it.
Answered on Jul 10th, 2013 at 9:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is difficult to disinherit a spouse in Michigan, but it is not impossible. It sounds like your husband may have gotten advice on how to do this, because it sounds like he did a good job. Whether or not he had authority to remove you from IRAs or 401ks, is another issue. I would need to research this, but if the IRA or 401k was set up under ERISA, and most of them are, then I believe the spouse either needs to be named as beneficiary or to consent to someone else acting in that capacity.
Answered on Jul 10th, 2013 at 9:51 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to consult with a probate litigation lawyer to investigate and protect any rights you may have as to any of the proceeds from the IRA or Credit Union distributions. As to the life insurance, the named beneficiaries are the receivers of the benefits; your husband wasn't required to name you as a beneficiary. A litigation lawyer may be able to sue the individuals who received the lump sum distributions for a widow share.
Answered on Jul 10th, 2013 at 9:51 PM
In many states, you can claim a homestead right even if you get nothing else. You also might be able to get a share from the other beneficiaries through proving undue influence, incompetence, etc.
Answered on Jul 10th, 2013 at 9:50 PM
Thomas Edward Gates
If you are in a community property state, he can only give away 1/2 of the communal estate. Thus, if the account were funded by communal money (monthly pay check) than you have vested rights. It is normal to include beneficiaries designations on insurance, 401K, etc., so that it by passes probate. You need to secure a probate attorney to assist you.
Answered on Jul 10th, 2013 at 9:50 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It is legal. You do have the right to claim a share of his estate. You should meet with an attorney who handles probate law.
Answered on Jul 10th, 2013 at 9:50 PM
Sasha D. Oberle
If your husband spent his assets during his lifetime, there may be nothing you can do about that. If you can discover where the pension money is, however, you may be able to recover it. Regarding the insurance, in California, a wife must agree to policy beneficiaries other than herself. If you did not agree to the other beneficiaries and the policy was purchased during your marriage you may have a right to contest the payouts.
Answered on Jul 10th, 2013 at 9:49 PM
Yes a spouse can exclude the other spouse. However many states allow a widower/widow to claim a set sum or percentage of the spouse's estate. Insurance policies with a named beneficiary(ies) are usually not considered part of an estate.
Answered on Jul 10th, 2013 at 9:49 PM
A spouse can disinherit the other spouse but that only applies to the one half interest that the first spouse has in the community property, at least under California law. I do not understand how you "authorized' something as to his pension. You can contact me for more answers to additional information you can provide.
Answered on Jul 10th, 2013 at 6:49 PM
A surviving spouse has rights in Colorado unless waived by prior agreement. You should immediately visit with an attorney specializing in estate matters for assistance.
Answered on Jul 10th, 2013 at 2:50 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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No, you cannot be disinherited. I'm sorry for the passing of your husband. You are entitled to the "spousal elective share" which is 1/3 of an amount known as the "augmented estate." It is a complicated thing to determine, but the amount to which you are entitled to 1/3 includes the life insurance and most other assets he owned. You will likely need to file a claim for this with the court to preserve your claim.
Answered on Jul 10th, 2013 at 9:11 AM