Q: Can a court change annuity beneficiaries post-death in MI?
My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential annuity within the IRA at the brokerage. After her passing, the designated heir received the annuity funds. Now, the ex-husband is suing the estate and the heir, claiming rights to a portion of the annuity. Despite language in the QDRO entitling him to annual notices, he never acted prior to her death. The lawsuit was filed only after the annuity was disbursed. Can the circuit court change the annuity beneficiary after the death of the annuitant, and is there a standing claim based on the current situation?
A:
They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.
This situation needs to be reviewed by a local probate / divorce attorney to review what happened, figure out why the QDRO wasn't complied with and see what remedies may be available.
It isn't 'over' if someone challenges this properly!
Seek local legal representation!
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