Legal Question in Family Law in Nevada

401k

My husband of 30 years has a401k plan at work. at 60 he rolled it over to a quified IRA, I was listed as primary beneficiary on the 401k. I find out i was not listed on the ira, i did sign a paper to trafere to ira. He has added me as primary bebeficiary on the ira, but must have the right to remove when ever he feels like it. Do I have any rights? Its quite a large sum. Can he change it to any beneficary, at any time? thanks doe


Asked on 1/28/04, 1:36 pm

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: 401k

Both the 401K and the IRA are community property. Whether you are listed as beneficiary or on the IRA itself, one half of it is yours. Ideally, you should both be listed designating one another as beneficiaries and then a contingent beneficiary(s) in case of your similtaneous deaths.

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Answered on 1/28/04, 1:51 pm


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