Legal Question in Wills and Trusts in Georgia

My husband passed away 12 days after we were married. It was a sudden unexpected death. He did not change his beneficiary on his 401k. Am I entitled to the 401k legally or is the named beneficiary still the legal beneficiary? Is there really a law where I can claim it because we were married when he passed? He had put someone else as his beneficiary 2 yrs ago. Long before we met and married.


Asked on 7/26/10, 1:33 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unfortunately, as a general rule, you cannot fix his failure to change beneficiaries. The only exception would be if his plan had language that required his current spouse to be beneficiary, and few if any plans will require that change in an existing plan.

However you may have rights to other assets he may have and should see a lawyer about that.

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Answered on 7/26/10, 5:08 pm

First, let me express my condolences for your loss. If you were already married when he signed up for the plan, you might have an argument. However, if he made someone else the beneficiary when he was single, I think that you are stuck. What other assets are there? Did he make a will and leave you anything? If not, you could claim an elective share if there is a will. If there is no will, then you would inherit the property along with any children that he might have had. You would also be entitled to a yearly or spousal allowance. For these reasons, I suggest that you see a probate attorney in the next few weeks so that you can make sure that you get everything to which you are entitled.

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Answered on 7/26/10, 7:15 pm


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