Ask Experts Questions for FREE Help !
Ask
    alicelaura's Avatar
    alicelaura Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jan 2, 2010, 01:49 PM
    Do children of decseased have rights 401K go to spouse of deceased?
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jan 2, 2010, 01:51 PM
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Jan 2, 2010, 02:45 PM

    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
    alicelaura's Avatar
    alicelaura Posts: 2, Reputation: 1
    New Member
    		  
    #4

    Jan 5, 2010, 06:52 PM

    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jan 5, 2010, 07:29 PM
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

What to do with 401K of a deceased spouse [ 5 Answers ]

My husband passed away earlier this year at the age of 44. Since I am also not of retirement age, I am wondering what to do with his 401K. Can I put it into secured CD's or do I have to roll it over into an IRA? I need this money to be in a safe investment for my retirement.

Do I have rights to my deceased husbands 401k? [ 19 Answers ]

I live in Alabama. My common law husband of 15 years is recently deceased. His mother was named as beneficiary on his 401k. In 1998 we changed beneficiary on life insurance to my name and thought we changed beneficiary on the 401k. I have a legal notorized form letter saying we entered into a...

Deceased husband's 401k [ 4 Answers ]

My husband passed away last year at age 42. He may or may not have a 401k, but I have no way of knowing. It was a controlling relationship and he had all that information. We separated right before he passed away, and his sister took all of the important papers. I have contacted 2 employers... one...

Deceased Mother's 401K [ 1 Answers ]

My mother passed away 2 months ago and what Im wondering about is her 401K. My oldest sister doesn't want to touch it just in case there is something they try to come after us for which I highly doubt but that's beyond the point. What my question is, Is there a statute of limitations how how long...

Cc debt of deceased spouse is haunting me [ 3 Answers ]

My husband passed away very unexpectedly in December of 2007. My niece made phone calls for me to notify all of his connections of his death and when necessary, wrote letters and sent death certificates. Most everyone was wonderful and accepted the certificate of death as proof and closed down...

View more questions Search