Legal Question in Family Law in Indiana

beneficiary of 401k

I just found out that I am the beneficiary of my deceased ex-husband's 401k. We divorced in 2005 after 13 years of marriage, He died April 2008. His children want the money sinced we were divorced. My son who is not my ex-husbands child took out a loan to help pay for the funeral since he had no life insurance. The other children had no resources to pay for the funeral so friends and family all pitched in to pay. My son wants the money to help pay off the loan he took out. My ex-husband has outstanding debts also. He had no estate. The 401 k is $1300.00 before taxes and penalty, which I will have to pay. My question is who gets the money?


Asked on 10/01/08, 8:35 am

1 Answer from Attorneys

Re: beneficiary of 401k

If you are the beneficiary, the money is yours.

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Answered on 10/01/08, 10:13 am


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