老貓說得對, 應該去找一個專業律師

來源: CyberCat 2012-03-19 12:08:20 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1953 bytes)

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丈夫死亡,company common stock beneficary is someone else other than wife. wife isn't asked to sigh a waiver at all. is it legal? If not legal, should wife get 50% or 100% shares? Does wife have to go to court or go to hu*****and's company in order to get the 50% or 100%?

Answer: Legal or not, it depends on the company policy and relevant CA laws. I don't think the company will be able to help you in that regard. You will have to consult a local attorney to find out.

Hu*****and even put himself as the beneficary after his own death! Wife wasn't asked to sign at all. For this case, should wife get 100% shares?

It is prefectly fine. 100% of the shares will go to his own estate and the executor will have to submit the assets for probate in US (if it's in US) and distribute the assets according to his last will.

His trust includes brokerage accounts but it didn't mention stock options. His will just says put anything into his trust. 401k/IRA isn't dominated by trust or will.Is company common stock/options dominated by trust or will? If married, does the beneficariy of company options/common stocks have to be spouse like 401k?

If there is a beneficiary in his 401K/IRA , the proceeds should be distributed to that person. If not, all the proceeds should merge into his estate and be distributed according to his will. If he has a pourover will to dump everything into a living/testamentary trust, anything in his probated estate should go to the trust.

I don't think the beneficiary of stock option/common stock needs to be the spouse. But you will have to consult with a local attorney.

If you really want to save money by coming here asking for help, you need to tell a complete story and your role in that story. Otherwise, nobody can help you and any advice may be inaccurate and misleading.

 

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