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View Full Version : Am I entitled to his 401k And not married together 25 years


austinwilliams
Jul 4, 2010, 04:56 PM
Been living together 25 years am I entitled to part of his 401k

cdad
Jul 4, 2010, 05:13 PM
What state is this happening in?

Fr_Chuck
Jul 4, 2010, 06:35 PM
Most 401K will have a beneficiary listed who gets it. Who did he list on his.
If there is no one listed, it goes to his estate, and then his will will decide who gets it

Merely living together gives you no rights to his estate, he will have needed to live you it either by makingyou the beneficiary of it, or though his will

cdad
Jul 4, 2010, 07:24 PM
most 401K will have a beneficiary listed who gets it. Who did he list on his.
If there is no one listed, it goes to his estate, and then his will will decide who gets it

Merely living together gives you no rights to his estate, he will have needed to live you it either by makingyou the beneficiary of it, or though his will

The only time it may make a difference is that in some places common law marriage still exists. That's why I asked the state.

Fr_Chuck
Jul 4, 2010, 07:27 PM
Yes, a few do still may. The biggest issue is who is listed as beneficiary, since all should have someone listed

cdad
Jul 5, 2010, 02:26 AM
yes, a few do still may. the biggest issue is who is listed as beneficiary, since all should have someone listed

The problem is we don't know if this is question is because of someone's passing ir if its because of separation. If from separation then the beneficiary doesn't matter. If from passing it matters absolutely.