Legal Question in Wills and Trusts in California

If the husband did not sign a consent, he might be entitled to 1/2.

In most instances, paid on death accounts, such as a 401K, the named beneficiaries are entitled to receive their share notwithstanding any other will or trust provisons, for example.. However,if the 401K is community property (wages/benefit earned during the parties marriage), then the husband may be entitled to his community property share (generally, 1/2). If the 401K represents benefits from employment prior to the marriage, or benefits from a spouse of a prior marriage, the current husband may not entitled to anything.