QUESTION
Am I entitled to my deceased husband’s 401K benefits since I am the legal wife?
Asked on Oct 10th, 2014 on Litigation - California
More details to this question:
My question is about 401k from my deceased husband because I'm not sure if I am in title to claim because I'm not the beneficiary. He got it before we meet and got married but my husband have 1 son from his ex-wife and I'm afraid if the son claim it all my husband 401k do I'm in title even though I'm not the beneficiary but I am a legal wife?
4 ANSWERS
Edwin K. Niles
The proceeds will go according the beneficiary designation.
Answered on Oct 15th, 2014 at 5:47 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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The money goes to the beneficiary.
Answered on Oct 13th, 2014 at 4:22 PM
2 Awards
If you are not the beneficiary, you are likely not entitled to it. Speak with a probate attorney to see if there are some marital rights you can claim to part of it by law.
Answered on Oct 13th, 2014 at 3:19 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you contact a family law lawyer experienced in making claims against a 401k plan.
Answered on Oct 13th, 2014 at 3:18 PM