401 k beneficiary

[thomasf]

W
hat is the name of your state (only U.S. law)? wisconsin My brother is in hospital now with double lung transplant. Has been in icu for 12 weeks.. A good chance he will not survive.
While there ,his wife had his 401k beneficiary switched from his son from his former marriage to herself. I am not sure he knew what he was signing or understood his son was taken off. The son was put on as beneficiary during the current marriage.He(my brother) has been under heavy sedation most of the time. Does the son have good? grounds to fight this

[ShyCat]

When "the son was put on as beneficiary during the current marriage", did the wife sign the waiver? Per Federal law (ERISA), the beneficiary of a 401(k) is always the spouse unless that spouse waives that right.

Absent that spousal waiver, the wife was already the beneficiary of the 401(k).

[cbg]

To put it another way, the son has NO grounds to fight it unless the wife specifically signed a waiver giving up her right to be beneficiary, as the law says a current spouse is guaranteed the right to be beneficiary unless she does.