Legal Question in Wills and Trusts in Wisconsin

I was designated as the beneficiary for one of my father's 401(k) plans when he passed. For some reason, it automatically passed to my stepmother. This leaves me with absolutely nothing whatsoever after my father's death. He didn't leave a will, either. Do I have any legal recourse? I feel like my father's wishes have been violated and it isn't right.


Asked on 4/16/14, 11:14 am

1 Answer from Attorneys

JAY Nixon nixon law offices

If you have proof that you are the beneficiary of the account, you should offer it to the company which administers it and consider suing to enforce if it necessary. However, it is also possible that your father changed the beneficiary or payout options prior to his death. In extreme cases, it is also possible to sue estates or their beneficiaries for undue influence, alteration of documents, etc. and change the disposition of the estate by court order if you are successful. Therefore you should take your fact situation to an experienced local probate attorney.

Do not assume that I am your attorney because of my response here. Call my office in Racine (262-633-3090 or email [email protected]) for clarifications, but short of such additional arrangements, I will not be taking any action on your case. See me on the web at www.jayknixonlaw.com, or view fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon ., Also see them on AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency . Answers may contain attorney advertising materials.

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Answered on 4/18/14, 5:26 am


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