QUESTION
My mother passed about 6 months ago. She was married at that time, spouse is still living. She had 2 children only one living. Who gets her 401k?
Asked on Sep 07th, 2020 on Wills and Probate - Florida
More details to this question:
my brother died 5 months before my mother. I am her only living child. Her spouse is still living as well. I dont know who was listed as her beneficiary but her husband is having a hard time getting info. If her children were listed as beneficiaries but she was married who would be getting her 401k?
1 ANSWER
2 Awards
Federal law requires that a 401k pass to a surviving spouse unless, during the marriage, the surviving spouse waived his rights, communicating this to the plan administrator.
Answered on Sep 08th, 2020 at 7:22 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.