Ask The Expert

Questioner: Karen

Question: My ex passed away without a will after working 27 years DOD. We were married 15 years and had two children that are now adults. He was remarried 5 years before his death. There was no stipulation in our divorce agreement concerning his retirement benefits. Who all has a right to his retirement/TSP? This occurred in Florida.

Answer: Karen, all retirement accounts are distributed to the beneficiary listed on the account. These types of accounts are distributed outside of the will and or trust. I suggest that you contact the institution where the money is located and or the employer and verify who is the beneficiary on these accounts. If you are not the named beneficiary you are probably out of luck. You can fight it in court, but it will be a struggle. If there are no named beneficiary's, the courts will get involved and distribute the estate accordingly. However, you might still not have access to the funds.

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