Legal Question in Wills and Trusts in Indiana

My wife’s is a widower from a former husband. He was married before her, and with that wife he had one child which is 33 now. He had the same 401k during the time he was married to both of his wives. What is the percentage would she (my wife) get of the 401k, and what percent would the child of the previous marrage get.


Asked on 2/09/11, 9:32 am

2 Answers from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Your wife should contact the Administrator of the 401(k) plan to obtain that information.

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Answered on 2/09/11, 9:53 am
C. David DuMond Law Offices of David DuMond

Beneficiaries of a 401k are determined by the written election of the contributor. So if the former husband wrote down his first wife and their child as beneficiaries, and never bothered to change the beneficiary form, because like most humanoids he prefers procrastination to action, then it would have all gone to the child. And it should have been distributed when the former husband died. You need to contact the 401k administrator to find out. Good luck.

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Answered on 2/10/11, 10:51 am

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