401k question

What is the name of your state? nh

My father passed away in August and left me as beneficiary to a substantial 401k...well, he apparently did not know the law or anything about having to have his wife sign a waiver in order for me to receive it and it is now being handed over to her.

My question is, is she still entitled to it even though the entire 401k was earned outside of the marriage? They were only married 18 months and my father had retired before he even met her...

Yes. As his legal spouse, she is the beneficiary of his 401(k) unless she waives that right. I don't know how your father could "not know" because every beneficiary designation I've seen for 401(k) plans make that spousal waiver requirement quite clear.

Ditto to what ShyCat said. Under 401(k) reg's, an employee's spouse must be designated the primary beneficiary unless the spouse signs the form in front of a notary indicating he/she is aware of the alternate beneficiary. The beneficiary form is quite clear on that point.

Sounds like your father never thought to update the beneficiary form and have his new wife sign the beneficiary waiver after he remarried. I don't know if there's any way around this but you may wish to consult with an attorney.

Well, my father has been married 3 times and never had his wives sign off on it, so I'm assuming he may have been told and forgot...I'm not sure. Up until he died he said I was getting it.

Not really a big deal...I get along with his wife but from a legal stand point I wanted to know.

Thanks : )