common law spouse beneficiary
if a common law spouse is named beneficiary of an IRA or 401k in a state that recognizes common law marriage (Alabama), can the beneficiary roll the funds over into their own name at the death of the owner?
If the couple is recognized as legally married by the state of residence, then the beneficiary is a surviving spouse and can do the spousal rollover. However, the survivor might have to provide some form of documentation to the IRA custodian that conditions required for a valid common law marriage existed.
Permalink Submitted by Alan - IRA critic on Tue, 2016-04-12 20:39
If the couple is recognized as legally married by the state of residence, then the beneficiary is a surviving spouse and can do the spousal rollover. However, the survivor might have to provide some form of documentation to the IRA custodian that conditions required for a valid common law marriage existed.