If my grandma recently died and was retired, if she left me and my older brother as her beneficiaries for $5000, can her husband appeal it and say that she left everything to him?

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If my grandma recently died and was retired, if she left me and my older brother as her beneficiaries for $5000, can her husband appeal it and say that she left everything to him?

She had retired from GM and left me and my older brother as her beneficiaries for her money. Is there a way that he can really appeal it and get the money?

Asked on February 28, 2013 under Estate Planning, California

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

I don't know what you mean by "she left" you and your brother as beneficiaries - how?  On what?  If she named you and your brother as beneficiaries on her retirement account with GM, her husband may be able to claim the account.  Special laws protect spouses and, unless the husband signed a paper waiving the right to receive the retirement account, he may get it even though your grandmother left it to you and your brother.  The same answer may apply if your grandmother left this money through a will or other document but for a different reason.  State statutes give spouses the right to inherit all or a portion of their spouse's estate.

I am sorry, but you and your brother may not get this money.  Please consult an estate attorney near you to give you a definite answer based on your specific circumstances.


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