Legal Question in Civil Litigation in California

Spouse passed leaving 401k and 457k to someone other than spouse. The California State Plan is administered by the Nationwide Retirement Solutions. Their position is the IRC code allows the owner to designate whomever they choose as a beneficiary. Is this correct? It is very difficult finding someone in Sacramento who understands state/federal laws.


Asked on 3/16/12, 5:34 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Unfortunately, your spouse almost certainly had the right to name anyone as beneficiary. If the amount was significant, and you feel that (for example) your spouse was tricked or duped into disinheriting you, see a probate attorney.

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Answered on 3/16/12, 5:39 pm
Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

I could be wrong, but based on what I have read, if the spouses were in California (a community property state), I believe the spouse would have needed to consent in writing to allow the beneficiary to be someone other than the spouse. That consent also needed to be notarized. (Most beneficiary designation forms I've seen state that right on the form.)

For example, if the husband wanted to designate his nephew as his beneficiary instead of his wife, the wife would need to consent to that in a notarized writing.

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Answered on 3/16/12, 6:19 pm


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