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  1. #1
    take523 Guest

    Question 401K Beneficiary

    What is the name of your state? What is the name of your state? Texas

    My existing 401K was started when I worked in California and was previously married. When I divorced my ex-husband, I removed him as my beneficiary and placed my account under my 2 children.

    Now that I'm remarried and moved to Texas, I never made any changes to my 401K beneficiary. I would like to leave it that way and I'm wondering if this will hold up in court if anything happens to me.

    I have also opened a new 401K with my current employer but the account is with the same investment firm - so as far as their records are concerned, the beneficiaries are still my kids. Are my children protected? My husband does not have any children of his own and he has his own 401K.

    How can I make sure that my husband has no grounds to
    contest this when I die?

    Thank you.
  2. #2
    ALawyer is offline Senior Member
    Join Date
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    4,502
    Congress made spouses automatic beneficiaries under 401k plans. (I am NOT sure as to whether this ALSO applies even to 401ks held PRIOR to the marriage.)

    Normally a new beneficiary designation is filed, with your spouse's notarized consent. You should have your husband sign a waiver -- typically done in the form of a notarized document -- and the plan custodian has the needed forms.
    This is intended as general information only, NOT legal advice. You are not my client and I have no obligation of any kind to you. To retain a lawyer I suggest you go to www.AttorneyPages.com.

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