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stepdaughters · Aug 23, 2012, 03:28 PM

My husband has named my stepdaughter 100percent benefiniary for his retirement... what are my rights as his wife... since I am the one who is there for him for better and for worse... he has been in and out of hospitals and it has been me by his side... his daughter only shows up when she demands money. My husband will give her everything she asks for. She did not finish High school and does not care to get a GED and better her self. She does not work or or can hold down a job. She has a boyfriend who does not work... she has a 2 and a half son and one on the way she says her son needs someone to play with. She was on Welfare but they stop helping her because she lied about her son's father which is her boyfriend... even though while still on welfare she asks her father for money to buy diapers for her son... just a bunch of lies. Her father purchase her car for her and pays for her insurance. When she wants money all she has to do is demand money from her father, and my husband goes behind my back and gives her all she wants. She is a 28 year adult She hates me for she says I married her father for money... not true... if I question my husband he says I do not like his daughter... I do not know what to do... I think he should have married his daughter...

Fr_Chuck · Aug 23, 2012, 03:41 PM

You should see a estate attorney but in many places she gets it, since it is transferred outside of the estate since there is a beneficiary on it.

If this is a large enough issue, you may also want to talk to a divorce attorney as you may get part of it, depending on how long married and the state you live in, as part of a divorce settlement.

ScottGem · Aug 23, 2012, 03:42 PM

If this was a company sponsored, IRS approved defined benefit or defined contribution plan, he can't do it. To name a eneficiary other than the spouses requires the spouse's signature.

stepdaughters · Aug 23, 2012, 04:03 PM

Originally Posted by ScottGem

If this was a company sponsored, IRS approved defined benefit or defined contribution plan, he can't do it. to name a eneficiary other than the spouses requires the spouse's signature.

Thank you so much for your quick response . I am not sure if there is anything I can do. He requested non-spousal retirement and is still paying to it. He requested his daughter be the 100percent beneficiary. He believes everything his daughter tells him... that his retirement be hers as she is blood related. We have been married for 3 years... I guess his adult daughter comes first over his marriage.

ScottGem · Aug 23, 2012, 04:16 PM

You can contact his employer and ask if the plan is subject to ERISA rules on spousal benefits. If it isn't then there is nothing you can do.