[vdawk]

My husband passed away in June of last year. He had a 401 and I am beneficiary. I need this money to pay funeral expenses and tuition. I am 47 years old and have been in school for the last 1 1/2 years. I'm not working and I am in need of this money now. What's the best way of going about this.

[ebaines]

I am sorry to hear about your loss. Depending on the particulars of your husband's 401(k) plan, the administrator may require you to take a full distribution of your husband's 401(k) assets. Ideally you should roll this over to an IRA of your own, so as to avoid income taxes and allow the assets to continue to grow tax-deferred until you need it at age 59-1/2 or later. However, if you must take a partial or even full distribution now, you can do so, but you will have to pay income taxes on the amount distributed to you. The plan administrator will withhold 20% for federal income tax withholding. Next April when you file your taxes you will include the full amount of the distribution as income and the 20% as taxes already withheld. If you live in a state with income tax you will have to pay state income tax as well, when you file next April. The good news here is that since you are the spouse, you do not owe a 10% early withdrawal penalty, even if you are under 59-1/2 years of age.

Here's a site that you may find helpful:
401k Retirement Savings Inheritance