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?

Asked on 8/20/21, 3:15 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

If he was never a beneficiary I doubt his consent is required. Who said it was?

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Answered on 8/20/21, 3:32 pm
Richard Bryan Richard Bryan Attorney PC

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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Answered on 8/21/21, 4:48 am

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