Legal Question in Wills and Trusts in New York
my mother passed away unexpectedly. Me , my sister , and her newer husband are beneficiaries to her 401k. when she got re married 5 years ago there was never a signed spousal consent form filled out, and now me and my sister get nothing from her 401k even though she had us down and wanted us to be a beneficiaries. what can i do?
2 Answers from Attorneys
If he was never a beneficiary I doubt his consent is required. Who said it was?
Please accept my condolences on the loss of your mom.
New York is not one of the states which require 'spousal consent' when a plan owner includes a non-spouse as beneficiary for a 401(k). I would ask the same question as Attorney Slater: who is telling you that you and your sister cannot receive a portion of the 401(k) distribution? Have you filed the paperwork?
Once again, please accept my condolences on the loss of your mom.
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