can someone in california contest a 401k payout due to death?

UPDATED: Oct 1, 2022

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can someone in california contest a 401k payout due to death?

My father recently passed and we hired a lawyer to help go through the estate and
see what assets there were as there was no official will. Most of everything
reverted to his long time girlfriend as he had different things set up for his
house and investments and bank accounts. He did have a 401k in which he listed
3/4 of his children on, the 4th child who was left off is now seeking legal
action to be added on as a beneficiary. Does she have a case?

Asked on July 20, 2018 under Estate Planning, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, the fourth child would not have a case. When specific beneficiaries are listed fora a 401k, then those persons and no others get the money. The relationship (e.g. being a child) does not matter--all that matters is whether you were named as a beneficiary or not.

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