QUESTION

How can I stop my husband from spending his 401k on his 50 year old son.

Asked on Apr 05th, 2021 on Elder Law - Kansas
More details to this question:
How can I stop my husband 26 years from spending any money from his 401K? Or get it divided in half. My husband has a 50 year old criminal son that lives in FL and he has been supporting him for years. My husband believes anything this kid says even when other people tell him it is not true. My husband has spent over 100,000 + more. And is getting ready to cash in his 401k soon if he has not already. Or if I can collect half of this money and put in my own bank account, or even make him cash it and put into an account we both have to account for any withdrawals. I am seriously worried about what will happen to me if something happens to my husband. I have no family. I need a guaranteed small nest egg. I have no access to the accounts he has been taking this money from. He also spent 62,000 from our regular bank savings. That was his last check when he retired. In Dec, 2016. He had a huge inheritance back in 2009 or 10, and he kept it from me. I realized it was his money.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
Contact a local estate planning attorney about a Marital Property Agreement (in some states called a Marital Separation Agreement).  Keep in mind that your husband must agree.  Like the inheritance, the money is his.  This is different from an IRA, which is deemed to be that of both spouses.
Answered on Apr 06th, 2021 at 5:18 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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