Legal Question in Family Law in Missouri
My husband of 31 years was fired from his job in November 2013, and died suddenly in January 2014. From November until his death in January, my husband stayed drunk day and night. He did not collect unemployment or try to find a job. In January 2014, just 10 days before his death, my husband cashed in his 401k without my knowledge and deposited into a new account with his name only. He named our 2 adult children 27 and 20, as the beneficiaries. This was the only money we had in the world, and subsequently I was not able to pay for my husband's funeral or maintain my family home. Now my home is going to foreclosure because my greedy kids would rather me be homeless. Is this legal? I thought the 401k was a marital asset. Thank you.
2 Answers from Attorneys
You need to consult directly with a probate or estate administration attorney in your area ASAP. There are things you can do, as a surviving spouse, but you must act quickly.
Good luck
You need to meet with a lawyer experienced in this area. It depends upon the language of the 401 K plan
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