my father died and his ex-wife stole his 401k

[alanboss]

I am a resident of N.J. his house was in Florida I have a lawyer in Florida. My father was devored 5 years ago in the devorse decree it states what is his is his and what is hers is hers (all assets are named) his 401k was name in the decree as his only nothing stated about her getting it apon death.She had filed for the 401k and I called them to stop it and file for it myself I am the only heir. They payed her out for the 401k without me knowing and will not give me info on it. I have opend up an estate and I am the admin. My lawyer without checking the facts of the 401k or the decree (that he sent me the copy of) is telling me that the law will favor her. Also she is saying that her cousin from arizona suddenly found a will from my father (that would pre-date the devorse decree)is the will valid and does she have the right to keep his 401k if the decree says she has no rights to it?

 

[anteater]

I have to assume that she was still named as the plan beneficiary (or the plan administrator would not have paid the proceeds to her). Is that correct?

Do a google search on:
Kennedy v. Plan Administrator for DuPont Savings and Investment Plan

Ask your attorney how that affects your situation.

Also she is saying that her cousin from arizona suddenly found a will from my father (that would pre-date the devorse decree)is the will valid

In Florida:

732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.--
.....
(2) Any provision of a will executed by a married person that affects the spouse of that person shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, the will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise.

(By the way, it is "divorce.")

 

[nextwife]

WHO was named as beneficiary on this account, as filed with the administrator?