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Attorney Buckley Sets Precedent in NH Family Law Case

Attorney David Buckley, of Buckley Law Offices, P.C, recently won a case that set the precedent for beneficiary status post-divorce in the United States District Court District of New Hampshire.

PRLog - May 9, 2014 - NASHUA, N.H. -- The dispute in this case was over the ownership of two retirement accounts (IRAs) valued at $150,000 after the original owner, T.B. passed away unexpectedly. At the time of her death, her ex-husband, G.B., was the designated beneficiary of the IRAs; however, her last will & testament designated her domestic partner, J.A, as the heir.

Both the estate and G.B. made a claim to the accounts. G.B., represented by Attorney Buckley, held that the divorce released property claims, but not beneficiary claims. Since he remained designated as the beneficiary on the IRAs, he was the legal beneficiary. He also held that the last will and testament was not actually executed by T.B. The estate, on the other hand, argued that the decedent intended to release her ex-spouse’s interest in the retirement accounts and “would want [her] assets to be inherited by family members or loved ones, instead of [her] ex-spouse[]”.

The United States District Court District of New Hampshire ultimately ruled in G.B.’s favor, because there was no clear and convincing evidence that the couple were going to forfeit their beneficiary interests and because “a divorce decree must unambiguously evidence an intent to remove a beneficiary in order to effectively alter an original designation under an IRA contract.”

Attorney Buckley argued on behalf of G.B. and was able to successful secure the $150,000 IRA accounts for his client! This was a case of first impression for the United States District Court District of New Hampshire and followed New Hampshire state case law relative to beneficiary status post-divorce.

David Buckley is the founding attorney of Buckley Law Offices, P.C., a full-service law firm in Nashua, NH. He has been practicing law for over 20 years and is a highly committed member of the legal community. Learn more about Attorney Buckley and his firm by visiting his website: http://www.buckleylawoffices.com/.

Buckley Law Offices, P.C.
(603) 595-8801

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Source:Buckley Law Offices, P.C.
City/Town:Nashua - New Hampshire - United States
Industry:Legal, Society
Tags:bankruptcy attorney, bankruptcy lawyer, family law, estate planning, law firm
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