Legal Question in Wills and Trusts in Illinois
My boyfriend recently passed away and his divorce was not yet final. He mentioned naming me as his beneficiary, as he did not want his soon to be ex-wife to inherit his 401k from work. Is that legal in the state of Illinois? And How can I find out if he ever changed it?
2 Answers from Attorneys
I am sorry for your loss. If you know the company administering the plan (such as Fidelity, Principal Financial, ...), call and explain you believe you were the beneficiary and ask about options in applying for the benefits. If you do not know, inquire with the employer about the way to contact the plan administrator. If you do not have any success confirming whether you could have been the beneficiary, set up a consultation with an attorney.
A spouse has certain rights, as a matter of law, in the other spouse's retirement plans. Had the divorce been completed, there would have been a court order to divide the retirement accounts. Even had that been done, your boyfriend would have been free to designate a beneficiary for his share. Pursue your claim for the benefits and see what develops. If your boyfriend failed to change the beneficiary designation, or if the custodian of the account failed to register the requested change, you will not be able to assert a claim.