About 401k beneficiary

If I got divorced and my ex got his 401k
and he passes away 3 yrs later and left
me as the beneficiary can it be taken
from me.

Asked on September 25, 2018 under Estate Planning, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  Generally speaking, once you are divorced all beneficairy designations are considered "revoked" under the law.  Your ex would have had to re-designate you as beneficiary AFTER the divorce or it could have been stated so in your settlement agreement.  This law is to protect the assets of an individual who may have just forgot to take their ex's name off the paperwork after the divorce.  That is why the re-designation is necessary.  Good luck.


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