Legal Question in Wills and Trusts in Georgia

401k Beneficiary Question

Hello, although i live in Nevada now,

I found out a few months ago that my former wife, who lived in Georgia and died in 2006, still had me listed as the sole beneficiary of her 401k, which may end up being fairly sizable. Although we had been divorced for 17 years at the time of her death, she had not changed the name of the beneficiary nor added any other names. Can her surviving children rightfully make a claim to this 401k, even though she never listed any of them as beneficiaries? If they try to, how can I protect myself, legally?

Thanks.


Asked on 7/01/08, 11:14 am

1 Answer from Attorneys
David Blazek The Law Office of David K. Blazek

Re: 401k Beneficiary Question

You need to contact the entity holding the 401k account in your late ex's name. Give them your contact information and request a copy of the beneficiary statement associated with the account. This is a rather fortunate (and not too common) error in your favor as the beneficiary statement controls where a qualified retirement plan benefit or distribution goes. This is part of federal law under ERISA, and is not a matter dealt with under Georgia state probate law, which deals with he rest of her estate. Contact me by e-mail for further assistance.

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Answered on 7/01/08, 11:31 am


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