QUESTION
Can my dad''s ex wife go after his 401k after his death?
Asked on Feb 29th, 2012 on Wills and Probate - West Virginia
More details to this question:
My father has terminal cancer and has assigned me as Executor. He has been divorced twice. The second divorce, has an agreement that he will pay for an issurance policy that he quit paying awhile ago. My question is, given all of the above can she go after his 401k?
1 ANSWER
Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK
at
Gale Allison, PLLC
Update Your Profile
Whether your father's ex-wife can pursue his 401(k) after his death is, in all likelihood, spelled out in the terms of their divorce property agreement. If the second divorce agreement says the ex-wife gets the insurance death benefit and your father quit paying the premiums, that ex-wife can sue the estate for what she would have been entitled to under the policy, had it been paid as ordered.
Your best bet would be to hire an experienced West Virginia estate lawyer to review the divorce decrees; advise you of how things are likely to play out; and, if necessary, defend your father's estate (and you as his Executor) in litigation.
To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com
Answered on Apr 09th, 2012 at 2:24 PM