QUESTION

Would I be entitled to any portion of the 401K benefits after he passed?

Asked on Jun 12th, 2015 on Divorce - Illinois
More details to this question:
I was divorced in May 2012. We both represented ourselves in the divorce. After the divorce was finalized, my ex-husband changed his 401K beneficiary from me to a family member. He recently passed away.
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1 ANSWER

The issue of your interest in his 401k should have been dealt with in your divorce..If you and he chose to represent yourselves and did not give you an interest in his 401k, once you were divorced he had the right to change the beneficiary of his 401k. You only have an interest if you were given one in the divorce judgment and other appropriate orders were entered.
Answered on Jun 15th, 2015 at 10:22 AM

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