Designation of Beneficiaries of Retirement Accounts

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ksmarks

New Member
Jurisdiction
Tennessee
It is currently my understanding that when a spouse dies, the surviving spouse is automatically entitled to the retirement funds of the decedent unless the survivor has signed a Waiver of Benefits.

However, is that signature valid if one of the following exists:
  1. The signature was forged.
  2. The signature on the waiver was not witnessed and/or notarized in any way, shape, or form.
  3. The surviving spouse was forced and under duress by threats of immediate divorce for failure to comply.
 
However, is that signature valid if one of the following exists:
  1. The signature was forged.
  2. The signature on the waiver was not witnessed and/or notarized in any way, shape, or form.
  3. The surviving spouse was forced and under duress by threats of immediate divorce for failure to comply.

You can't receive proper help via the 'net.

You should be posing your queries to the agency, company, or entity that disburses the annuity/pension, and/or an attorney you've retained to address/rectify your dilemma.

As regards your FORGERY allegation, you can't prevail by ALLEGING, you need to be prepared by PROVING your signature fraud allegation, perhaps by hiring a handwriting expert to assist your SOON TO BE HIRED attorney.

Meanwhile, thread locked because we're attorneys, and not everyone is licensed to practice law in Tennessee.
 
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