The wife's prenuptial agreement waiving her right to any of the deceased's separate property did not qualify as a waiver of her spousal rights as a beneficiary for an account under ERISA. Family Law in the Fifty States 2009-2010, 44 ABA FAM. L. J. 519, 531 (2011). As a practice note, this suggests that the attorney representing the husband should have handled the ERISA accounts outside of the prenup, if that's what the attorney's client wanted.
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