IRA beneficiary

correct me i thought therer is ERISA rule you have to name spouse as successor beneficiary after your death unless he/she signs waiver. also what happens when spouse dies before you and you get remarried does your new spouse has right before your children from previous marriage?



The spouse is the automatic beneficiary for qualified plans, but for IRAs a spousal waiver is only needed in community property states. In common law states the IRA owner can name anyone they wish as beneficiary. If your spouse is named as the IRA beneficiary in a common law state and predeceases you, the account goes to the contingent beneficiary. If no contingent beneficiary was named, it usually goes to your estate. 



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