401k payout in event of murder

[Curious Geo]

What is the name of your state? NC

Would a 401k be paid out to the beneficiary if said beneficiary was a 'person of interest' in the murder of the spouse?

No, not me or my spouse, but thanks in advance for any and all help.

 

[seniorjudge]

Google

north carolina felonious heir

for tons of info.

I do NOT know the answer to this very interesting question but am subscribing to this thread to find out!

 

[Curious Geo]

thanks

Thanks for the help. I tried google all sorts of ways, but kept coming up with nothing. I guess this is not a popular question, thank goodness!

 

[seniorjudge]

The old common law rule was that a felonious heir could not inherit.

If you had done something that was a felony to cause the death of a person who had willed you something or whose heir you were, then you could not get the stuff.

But 401(k)s and anything else that has a beneficiary designation are technically not "inherited".

So, as I said, I don't know the answer to the question, but would love to know if this has ever been litigated or legislated!

 

[Curious Geo]

What is the name of your state? NC

Would a 401k be paid out to the beneficiary if said beneficiary was a 'person of interest' in the murder of the spouse?

No, not me or my spouse, but thanks in advance for any and all help.

My feeling on this is that it would be similar to life insurance & I think would NOT be paid until beneficiary was cleared by law enforcement. Others seem to think I am wrong and a 401k would be paid immediately with no concern as to whether law enforcement is investigating a spouse for the murder.

 

[seniorjudge]

There was a law enforcement officer who lost a relative in a house fire.

The insurance company investigated the law enforcement officer before the company would pay off.

 

[fairisfair]

I found all kinds of info and cases on this

Google

401K Beneficiary is suspect in murder

 

[Curious Geo]

Thanks fair, doing so now!

 

[tranquility]

Does this have anything to do with, State v. Peterson, 634 S.E.2d 594 (N.C.App. 09/19/2006)? Even if not, there is discussion regarding motive and the law relating to the beneficiary in NC in this instance.

 

[Curious Geo]

Does this have anything to do with, State v. Peterson, 634 S.E.2d 594 (N.C.App. 09/19/2006)? Even if not, there is discussion regarding motive and the law relating to the beneficiary in NC in this instance.

No, it doesn't. But I will try to check that. Thank you.

 

[cbg]

I was part of the administration team for the 401k plan of a major law firm (you'd have heard of them) and we would NOT have paid it out if there was a question of the beneficiary being involved in the murder. Not until the beneficiary was cleared by law enforcement.

 

[Curious Geo]

I was part of the administration team for the 401k plan of a major law firm (you'd have heard of them) and we would NOT have paid it out if there was a question of the beneficiary being involved in the murder. Not until the beneficiary was cleared by law enforcement.

Thank you. You backed up what my opinion was. Great information on this board, btw.!