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In a divorce, I waived my survivor rights to my ex-spouse’s accounts: He did not remove my name, do I still collect?

If your spouse passes away after your divorce and they did not remove your name from the accounts but you waived your right to those accounts in the divorce, that waiver is going to stand. The court is going to treat the relationship as if you died before your spouse actually died. Any of the contingent beneficiaries that your spouse has listed in their will or on their retirement plan, the survivor benefit, the benefit will go to that person instead of you. It will be as if you passed away before your spouse did.

All Family Law Group, P.A.
The law firm of All Family Law Group (Lynette Silon-Laguna, P.A.) provides legal services to the cities of Tampa, Clearwater, Brandon, Riverview, Lakeland, Valrico, Gibsonton, Lithia, Mango, Palm River, Plant City, Seffner, Sun City Center, Apollo Beach, Ruskin, Temple Terrace, Carrollwood, Thonotosassa, Lutz, FishHawk, MacDill Air Force Base, and all of Hillsborough, Pinellas & Polk Counties.

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