Atty. Eric D. Correira Quoted by Massachusetts Lawyers Weekly

Massachusetts Lawyers Weekly recently quoted Atty. Eric D. Correira regarding a Massachusetts Superior Court case where the Court determined that the decedent’s estranged sister was entitled to his individual retirement account (IRA) even though he had allegedly tried to make his wife the primary beneficiary of the account. In Charles Schwab & Co, Inc. v. Kamio, et al., Lawyers Weekly No. 12-023-25, the Court found that because a copy of the purported change of beneficiary form could not be located, the last named beneficiary, the by then estranged sister, was entitled to the account. This ruling was made despite the possibility that Charles Schwab itself had lost the form.

From the article: “Eric D. Correira of Swansea said the outcome might have been different had it been filed in Probate & Family Court instead of Superior Court, as Probate Court is more oriented toward family disputes and general equity principles, while Superior Court is more business and contract focused. ‘Here, the Superior Court found the arguments related to the failure to meet the strict requirements of the original agreement to be most persuasive, despite the result being that the retirement account would go to Michael’s estranged sister over his wife and the mother of his three children,’ Correira said.”

For the full article, click here.