What can i do my mother in law got gaurdianship of my husband withdrew our 401k all without my knowledge. He is now dead

Husband had stroke motherlaw got quardenship then withdrew 401k all
without my knowledge who is respnsible for paying this back

Asked on May 27, 2016 under Estate Planning, Kansas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Sorry to hear about your husband.
You can sue your mother-in-law for conversion (theft of the 401k).  Your remedy is to seek a constructive trust.  A constructive trust will require your mother-in-law to return the 401k assets.  If she has spent any of the proceeds, a constructive trust can be used to trace the missing funds and you can recover the funds or the value of the item(s) purchased with the funds.

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