Legal Question in Family Law in Georgia

ex wife waived 401k

I am the only survivor of my brother. He had two ex wives. I am also the administrator of his estate. I sent the letter of adminstration to his employer along with a death certificate and after several weeks of calling where the money is invested they didn't show any beneficary and was sending it back to the company. I hired a attorney that wrote letters and the company attorney called my attorney and said my brohter never got the second wife removed as beneficary. He was married again after that wife and there was not any mention of his last wife. Both ex spouses waived any rights to his 401K. There has not been any claim made for the money. My attorney has said that if she makes a claim we would sue her on behalf of the estate. We need to have her sign it over to the estate. Not sure how easy she would do that.

He made me his beneficary of life insurance and he must have thought he had with the 401K.

Can she be forced to up hold her waiver of the divorce decree if she is still listed as the beneficary?

I have written a certified letter to the company requesting a last signed degsinated beneficary.

They don't respond.

This has gone on over a yr.

The state is GA.

2 Answers from Attorneys

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