La Fayette, GA asked in Divorce, Estate Planning and Family Law for Georgia

Q: My husband and I divorced 10 years ago in the divorce decree we both kept our own IRA’s

He never changed me as the beneficiary am I legally able to collect?

3 Lawyer Answers
Regina Irene Edwards
PREMIUM
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: No.

Leo Hughes agrees with this answer

Leo Hughes
Leo Hughes
Answered
  • Marietta, GA
  • Licensed in Georgia

A: Difficult to give a definitive answer without examining the settlement agreement. If it states unequivocally that neithr party can claim any interest in the other's retirement fund, then you do not have a claim and he is not obliged to list you as a beneficiary. Consult with a family law attorney.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: The answer depends on the exact wording of your settlement agreement and divorce decree. You should retain an attorney specializing in provate matters to assist you with this matter.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.