Legal Question in Wills and Trusts in Alabama

Re: 401k, beneficiary

No, not exactly. You can't claim a beneficiary interest in the 401K. You can however, as the widow, claim what is known as the marital share, which would allow you a large portion of his probate estate, even if he hasn't included you in his will. The 401K passes outside of probate though, and absent fraud or something like that, you can't challenge it.

William Nolan

Nolan Elder Law

Birmingham, AL