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Home >> Special Situations >> Deceased Individuals
Surviving Spouse Excluded as Beneficiary?
I am not a US citizen, but a foreigner living in California, under a Permanent Residence Visa. I came to the US in September, 2009 because my wife, whom I had married more than ten years ago in my country, was very sick. She passed away two months after my arrival, at age 65. While she was retired, she was still working for UCSF General Hospital in San Francisco.
My deceased wife had had an account with Fidelity. Upon her death, I claimed my beneficiary benefits as surviving spouse, but to my surprise, she had named her grown-up children (35 and 44 respectively) as main beneficiaries, thus excluding me from getting any benefits other than a monthly annuity.
When I filed a request/claim to UCSF, I was told that they do not abide by California law, which means that I was not entitled to any other survivor benefits. I remember my wife had asked me to sign a letter of consent, so as to renounce to my benefits when she died. She had been suffering from cancer. Can a surviving spouse be excluded from being named as main beneficiary if the spouse dies?
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 The laws relating to the rights of a spouse as presumed beneficiary of certain retirement and other payments vary from state to state, but in every case in which there is a presumed spousal right, the law provides for the spouse to waive that right in favor of other designated beneficiaries. You said that you recall that your wife asked you to sign a letter of consent. It can only be assumed that that letter effectively waived any presumed right you may have had to the payments on your wife's death. For further explanation, contact an attorney after asking for a copy of the letter you signed.
Published on BankingQuestions.com 4/27/10
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