SIMPLE IRA owner was divorced so custodian wants to pay death proceeds to estate
Fred established a SIMPLE IRA in 2003 and named Ann as his primary beneficiary. Fred and Ann divorced six years earlier in 1997, but nonetheless he named Ann in 2003 as his primary beneficiary. Fred died in 2021 and his death certificate shows divorced as his marital status. As a result, the custodian plans to pay the SIMPLE IRA death benefit to Fred’s estate instead of to Ann. We are currently unsure how Fred specified his relationship with Ann on the 2003 IRA application (friend, ex-spouse, or spouse?). Do you think the custodian can rightly not pay the IRA death proceeds to Ann?
Permalink Submitted by Alan - IRA critic on Tue, 2021-07-27 00:01
IRAs are not governed by ERISA, so even if Fred was married at the time of his death, Ann should inherit as the designated beneficiary unless state law indicates otherwise. I suggest that his executor write a letter indicating that the IRA is not to be distributed to the estate, pending appeal of this decision to senior staff at the IRA custodian. It is also recommended that the IRA beneficiary clause be reviewed.
Permalink Submitted by Bruce Steiner on Sat, 2021-07-31 23:09
In many states, divorce revokes not only the provisions in the Will for the former spouse, but also revocable beneficiary designations (other than under ERISA plans) such as IRA beneficary designations. You would have to check the applicable state law.