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  Home >> Special Situations >> Deceased Individuals  
Husband Bequeaths Part to Daughter; Wife Wants All

I live in Nevada, which is a community property state. My husband opened a Roth IRA in 2008. For primary beneficiary, he put 60% to his adult daughter and 40% to me, his spouse. I did not sign a waiver. I found this out after he passed away. The bank said that since we were married, I was entitled to 50%. I told them I wanted 100%. They will not give me more than 50%. They are not showing me a statute or law on which they are basing this decision. Who is wrong?


Ten states in the US are community property states, but the laws differ from state to state. This is a legal matter and we assume you'll have an attorney assisting with your husbands affairs. If not, consult one and you may start with this question. We can't provide legal advice.

Published on BankingQuestions.com 4/27/10