Pendleton, OR asked in Estate Planning and Family Law for Oregon

Q: Does my deceased father's 8th wife, married for 2 yrs, widow in the Philippines, have rights to his Fidelity retirement?

He moved to the Philippines after a bad divorce from his 7th wife. He passed away in 2013. He never announced to anyone in the USA that he married again in the Philippines. I was contacted several months ago by Fidelity to let me know that he had a retirement that I could collect. I had everything except a death certificate. I have just received the death certificate and it shows that he married a Filipino woman, shares her name and address. If I turn this in for my brother an I to receive our father's retirement, will his retirement end up going to this woman instead of to my brother and I? The woman is still alive, she is much younger than he was, I knew of her but never saw anything about them getting married.

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1 Lawyer Answer

A: If your father's retirement account is not subject to the Retirement Equity Act (REA) and he named you and your brother as beneficiaries then you should be able to receive the money even if he was married at the time of his death. The only way you can find out is to fill out the Fidelity paperwork and see what they say.

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