Costly mistake

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June 30th, 2014 at 1:10:32 PM permalink
rxwine
Member since: Oct 24, 2012
Threads: 189
Posts: 18770
Quote:
Before Leonard Smith lost his battle with cancer in 2008, he worked with his financial advisors and attorneys to make sure his children received the balance of his retirement funds when he died.

A single mistake, however, thwarted his well-laid plans. Family members realized a year after he died that his IRA beneficiary form was filled out incorrectly. Instead of specifically listing the names of his children along with the percentages designated to each heir, Smith wrote: “To be distributed pursuant to my last will and testament,” where the disbursement of funds was spelled out.

But Smith’s failure to complete the form correctly invalidated the document, making his surviving spouse the beneficiary by default.

“I had no idea that a will could be trumped by an IRA beneficiary form,” Deborah Smith-Marez, 50, Leonard’s daughter, told Yahoo Finance.

Smith-Marez and her siblings fought in court to recover the money, but the court awarded the $400,000 in the IRA to their father’s wife, who married Smith two months before he died.

Like Smith-Marez, many Americans are unaware that long-forgotten beneficiary forms can override wills and undermine their loved ones' intentions.


http://finance.yahoo.com/news/man-s-mistake-cost-his-children--400-000-of-an-ira-inheritance-152712809.html
You believe in an invisible god, and dismiss people who say they are trans? Really?
June 30th, 2014 at 1:20:30 PM permalink
Fleastiff
Member since: Oct 27, 2012
Threads: 62
Posts: 7831
Who determines what "filled out correctly" means. The IRA form did not list names and percentages but made reference to a separate existing document. The IRA administrator may not like this but why is it deemed 'wrong' or 'insufficient'.? A subsequent marriage may have automatically revoked a prior will, this would revoke the provisions on the form. So I guess the bride of two months gets a windfall.
June 30th, 2014 at 1:50:12 PM permalink
TheCesspit
Member since: Oct 24, 2012
Threads: 23
Posts: 1929
In Scotland, surviving spouses and all children of the deceased have a claim on the 'movable' part of the estate (not the land, buildings or any titles), to be shared between them, regardless of the last will and testament. One third can go to the surving spouse, one third to the surviving children (bairns) and one third as per the deceased wishes. This can be over ridden by all parties consenting. Ex-wives get nothing under this system, from what I can tell.
It is said that your life flashes before your eyes just before you die.... it's called Life
June 30th, 2014 at 3:19:19 PM permalink
Evenbob
Member since: Oct 24, 2012
Threads: 146
Posts: 25013
The offspring didn't perform the due diligence
needed before the old man died. Oh well, you
snooze you lose..

My wife and I have $100K life insurance policies
for both of us, and every year I ask her if they're
up to date. Due diligence.
If you take a risk, you may lose. If you never take a risk, you will always lose.
June 30th, 2014 at 6:38:08 PM permalink
theodores
Member since: Oct 28, 2012
Threads: 2
Posts: 85
That's all I do at work all day is due diligence. We have to run title on these parcels three times: once when we acquire the lease, before we drill, and after we drill. It's unbelievable -- the amount of money at stake is mind-boggling.
June 30th, 2014 at 6:55:13 PM permalink
AZDuffman
Member since: Oct 24, 2012
Threads: 135
Posts: 18220
Quote: theodores
That's all I do at work all day is due diligence. We have to run title on these parcels three times: once when we acquire the lease, before we drill, and after we drill. It's unbelievable -- the amount of money at stake is mind-boggling.


I almost got sent back a third time to find what happened to 0.04 acres. For those that don't think in acres, that is around 1,700 square feet, or smaller than the average new home. I had to call the person at HQ (which we NEVER do) and explain that the county had the deeds incorrect and that the conveyance deed did not fully describe it because it was not surveyed. I told them what curative probably had to do (again, we NEVER do that) to straighten it out.

Due Diligence and attention to detail never end here. Glad to hear you are still doing well at it. I keep wondering should I do a tour in ND and make some real coin.
The President is a fink.
June 30th, 2014 at 7:09:42 PM permalink
Evenbob
Member since: Oct 24, 2012
Threads: 146
Posts: 25013
I know my policies are up to date, I just
want to make sure my wife hasn't changed
the beneficiary on hers.. With women you
never know.
If you take a risk, you may lose. If you never take a risk, you will always lose.
July 1st, 2014 at 3:26:31 AM permalink
odiousgambit
Member since: Oct 28, 2012
Threads: 154
Posts: 5114
this business of a second wife coming in late into the deal marrying some doddering old fool and getting everything is a very common story.

If the family despises this woman to begin with, the odds of this happening go up by an order of magnitude.
I'm Still Standing, Yeah, Yeah, Yeah [it's an old guy chant for me]
July 1st, 2014 at 3:41:56 AM permalink
AZDuffman
Member since: Oct 24, 2012
Threads: 135
Posts: 18220
Quote: odiousgambit
this business of a second wife coming in late into the deal marrying some doddering old fool and getting everything is a very common story.


It is why we had the US Army paying Civil War survivor benefits to women in the 21st Century. Young girls saw a steady check, hooked up with a lonely old vet, and collected, collected, collected.
The President is a fink.
July 1st, 2014 at 4:27:55 AM permalink
Fleastiff
Member since: Oct 27, 2012
Threads: 62
Posts: 7831
Cancer treatments are bad enough without worrying about the mental effects. One man divorced his wife, married a nymphette with a cash register for a heart because he had been divorced and then kicked off from an undiagnosed brain tumor. Guess who got his pension?
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