A recent Illinois Appeals Court ruled that a divorce did not terminate an ex-spouse’s claim as a beneficiary of her former spouse’s retirement account on the ex’s death. While a divorce renders an ex-spouse to be considered “deceased” on most documents, the court ruled the deceased’s failure to change the death beneficiary on his retirement account following the divorce reflected his choice not to remove his ex as a beneficiary and awarded the account to the ex-spouse. Upon divorce be sure to review all assets, accounts, beneficiary designations, and entitlements to ensure they reflect your wishes on your death.

If you have any questions, please contact us.

This Bulletin is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take place of legal, accounting, or other professional advice.  If expert assistance is required, the services of a competent professional should be sought. This memorandum may constitute advertising under the rules regulating Illinois attorneys.