QUESTION

Who gets the $ in a T.O.D. acct, designated to my brother, in the event I get divorced. Would my brother still get the money, and not my spouse?

Asked on Jul 07th, 2014 on Estate Litigation - New Jersey
More details to this question:
The funds are solely to be used for ongoing care of our elderly parents, and I wouldn't want my wife to be able to claim any part of those assets in a divorce settlement.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
Once you are divorced, its as if your spoue pre-deceased you.  However, if those funds are in your name currently, then those funds are counted as your assets and may be included in the calculation of equitable distribution unless you can prove that those assets were not yours, and that they are being held by you. 
Answered on Jul 10th, 2014 at 10:42 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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