QUESTION

If my husband dies, am I entitled to part of his 401K?

Asked on Nov 05th, 2014 on Trusts and Estates - California
More details to this question:
He has a trust and will drawn up years before we married that leaves everything to his child. The beneficiary of his 401K is his child. He's been contributing alot of money after we married to this 401K. How would I get my share if he dies and leaves me nothing?
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1 ANSWER

Probate Law Attorney serving Los Angeles, CA
Partner at Mitchell A. Port
4 Awards
You are certainly enetitled to the portion of the 401k that accumulated during your marriage but his child may be entitled to the portion accumulated before your marriage.  Since his child is the named beneficiary, that child can immediately claim the benefits so you ought to make sure the plan administrator knows you have a claim as well.  The administrator will hopefully hold back from distributing the proceeds to your husband's child until the conflicting claims are worked out.  You ought to retain an attorney since there are important legal issues to address with regard to your husband's naming a beneficiary.
Answered on Nov 05th, 2014 at 12:24 PM

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