Legal Question in Wills and Trusts in Louisiana

Re: 401K Beneficieries

Dear LawGuru Friend,

I assume you are talking about Louisiana, that your father and his new wife after your mother died both lived in Louisiana and accumulated whatever estate they accumulated together in Louisiana. Well, according to this Cajun lawyer, there is no doubt that the 401 (K) is hers, since she was named beneficiary; but your father's estate [to be inherited by you and your brother(s) and/or sister(s)] is entitled to be reimbursed by the beneficiary of the 401 (K) for one-half of the money paid into the 401 (K) during their marriage, and possibly even for one-half of the accumulated earnings of the 401 (K) over and above what was paid in to it during their marriage. NOW LET ME SAY THIS! This is a situation that calls for an expert in retirement plans, etc. It requires some expertise for a lawyer to give you a definative answer. I think I am right, but I am not absolutely certain. If you are in Louisiana, just get on the phone and begin to call some lawyers who will be willing to talk to you about this for free in hopes of getting you to hire them to do the work. Many lawyers--not all--are willing to talk on the phone at no charge. Then continue to do what you are doing, and do some more internet searching; and pretty soon, you will be more knowledgeable on IRSs and 401 (K) than most lawyers; at least in Louisiana, including me, for sure. I desire to learn more about these specific issues, and I shall; and I thank you for giving me the opportunity to discuss how I feel; but I surely am no expert on such matters. Feel free to call me at any time, and I will do my best to help you find the sure answer, so that you can know what you and your brother(s) and/or sister(s) should do. Good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA