My ex-husband died with a significant 401K account. We were married for 25 years. He remarried 8 months ago. Do our children have any rights to his 401K? They live in Maryland.

A 401K goes to the beneficiary listed on the account. If no living beneficiary was listed, then the balance would go to his estate. Only then might they have a claim depending on his will.

A 401K just like a life insurance policy has a beneficiary listed. So who ever they had listed will get it.

If there is no one listed, then it goes to the estate and divided according to state laws

Thank you! This is helpful. I have heard different views. The one that I hope is NOT true is that all retirement monies automatically go to the surviving spouse.

It is not necessarily true. But if there is no beneficiary, its possible that it may go to the surviving spouse. Depends on state laws.