Legal Question in Wills and Trusts in New York
if my dad was separated from his second wife and had a separation agreement that said everything thats his is his and vis versa including investments such as a 401k plan, and his second wife was the beneficiary of his 401k, are me and my sister entitled to it at all? he had no will.
Asked on 2/17/12, 7:02 am
1 Answer from Attorneys
Arnold Nager
Arnold H. Nager, Esquire
Ordinarily, accounts with a beneficiary pass to the named beneficiary. However, if the separation agreement was a waiver of the account, you may be able to claim the proceeds as part of your dad'd estate.
It is almost certain that you would require legal representation in order to assert your claim.
Answered on 2/17/12, 8:10 am
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