• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

401k benifciary - who gets it ??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state? Massachusetts.

I am the beneficiary of my deceased ex-husbands 401k investment plan. I was notified by the company he worked for of that fact. His mother is the executor of his estate. She has a lawyer that told me that I didn't sign a particular paper at the time of the divorce and that I would need to sign it now so his mother could complete her business. Of course I didn't sign it. My question is, what is the law pertaining to named beneficiaries ? We were divorced close to 6-7 years before he passed. Seems to me he had ample time to change my name and get his affairs in order. He left me named as beneficiary. They are claiming I have no right to those monies because it said so in my divorce agreement. Would the law find for me as named beneficiary ??
Any help would be greatly apprciated. I've tried looking it up on the web but have no clue where to look.

Dandy Don

Senior Member
So how are we supposed to know what the title of the document was that you were supposed to sign? Did you even at least look at it?

Get the document and then consult your own attorney to find out whether it would be advisable to sign it--the executor may or may not be telling you the truth about that.

The law may or may not apply here, since the corporate policies/procedures of the company holding the 401K money may be the deciding factor, and whether or not you were officially divorced or not. Your attorney can help you figure out the best way to proceed in your best interests.

DANDY DON IN OKLAHOMA ([email protected])

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential