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401K benificiary

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Mark Barcikowsk

Junior Member
What is the name of your state? Indiana

My fiance was named Benificiary on her ex- husbands 401k. Her ex-husband changed the who was on the card from Herself , his son and her two daughters to herself and his son. She never signed anything releasing herself from the plan. The current wife whom filed for divorce right before his death is upset and says she has no rightss to it. My questions are these does my fiance have rights to this 401k, or is it my fiances and his sons or is it the current ex wifes???

Dandy Don

Senior Member
The beneficiary designation trumps everything, so it will likely go to the fiance and the son.

I'm not familiar with Indiana law, but it is my vague understanding that state law probably may not apply here. The company holding the 401K money probably has their own policy about which beneficiaries to officially pay. You'd better hope that the current wife (who is not officially divorced and who therefore might qualify for a portion of the benefits as a surviving spouse) doesn't get her own attorney to file a lawsuit or inquire with the 401K company about how this money is supposed to be paid out. If she doesn't raise a stink, it will probably go to your fiance and the son, but there is a chance that company could decide to pay the surviving spouse a portion or all of the money.

If you have a way for your attorney or a third party to contact the 401K company and inquire about this discreetly (without mentioning specific names of any of the parties here) then perhaps that person could find out what the company policy is for paying out. Hope your side wins!

DANDY DON IN OKLAHOMA ([email protected])

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