Legal Question in Wills and Trusts in Florida
My wife recently passed away. We were having marital problems prior to her death. She rolled over her 401K into an IRA and eliminated me as a beneficiary. Is it legal for her to roll over her 401K into an IRA and eliminate me as a beneficiary when federal law dictates that I have a legal right to 1/2 of the 401K value. I did not sign off on anything to waive my rights.
Asked on 6/20/11, 9:47 am
2 Answers from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
As spouse, you have certain legal rights to 401k, IRA's, pensions, etc. You are advised to discuss your specific situation and the transfer with the institution holding the IRA and, if required, an attorney to take further action to protect your share.
Answered on 6/20/11, 10:00 am
Yes you do have marital rights, and you need to enforce them. For this you will need an attorney.
Answered on 6/20/11, 10:27 am
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