Q: Is it allowed to change the beneficiary of an IRA from the spouse to the children during a divorce?
My mother in law passed away in November 2017. Before she passed, she changed the beneficiary on her IRA from her estranged husband to her sons. She requested the investment firm do this & it was done. I was told she had the type of IRA that allowed her to do this. Her estranged husband new about the change shortly after her death, yet never told her children it was changed. they didn't know it was to go to them until the investment firm recently reached out to them. Can her estranged husband fight this and win?
A:
Based upon the facts that you have shared and without seeing the documents involved, my initial answer is no. I do not believe that the estranged husband can challenge the sons being selected as the primary beneficiaries and recipients of the proceeds from the IRA.
But it is not a guarantee. For example, it is possible that the husband could argue that the decedent did not have legal capacity to make the change or that the change was made under duress.
If you have additional questions, I would recommend that you contact a local attorney so that he may examine the situation more closely.
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