Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Am I entitled to his 401k And not married together 25 years (https://www.askmehelpdesk.com/showthread.php?t=485363)

  • Jul 4, 2010, 04:56 PM
    austinwilliams
    Am I entitled to his 401k And not married together 25 years
    Been living together 25 years am I entitled to part of his 401k
  • Jul 4, 2010, 05:13 PM
    cdad

    What state is this happening in?
  • Jul 4, 2010, 06:35 PM
    Fr_Chuck

    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
  • Jul 4, 2010, 07:24 PM
    cdad
    Quote:

    Originally Posted by Fr_Chuck View Post
    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.
  • Jul 4, 2010, 07:27 PM
    Fr_Chuck

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

    Originally Posted by Fr_Chuck View Post
    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.

  • All times are GMT -7. The time now is 02:29 AM.