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Probably Spouse first, then his Estate then the children.

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Q: If there is no beneficiary to your fathers 401k plan are you entitled to anything?
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What if a spouse dies and you may be a beneficiary to their 401k but you divorced 10 years ago are you still eligble?

IF you are still the beneficiary on file for your ex-spouse then you are legally entitled to that money. If there was an updated beneficiary that lists other people as the beneficiary then you are not. On caveat is if you are listed as the beneficiary and the ex-spouse has a will in place that leaves the account to someone else, then you are not entitled.


Is your spouse entitled to your 401k after the divorce?

They are entitled to half of your 401k assets.


When a person dies can creditors get to 401K if a beneficiary has been designated?

no


What will happen to your dad's 401k if he dies?

Your father should make certain he has named a beneficiary on the account. That way it will pass directly to the beneficiary. If he doesn't name a beneficiary it will pass to his estate and his estate will need probating. In the event of his death you should get expert advice on what to do with the account. You may want to keep it as your own 401K if possible.


Can I contest the 401K beneficiary that a deceased son listed who is not a member of the family?

Your son had the right to name a beneficiary of his choosing for his 401K. Since it will bypass probate, there is no way for you to protest it unless you hire an attorney and try to bring a suit to a court of equity. It is unlikely that your suit would succeed.


If your wedded spouse dies without a will is the surviving spouse entitled to his 401k?

First, it depends upon who is named in the 401(k) records as the beneficiary. Second, it depends upon the intestacy and probate laws of the state in which the spouse died, regarding who (if anyone) has the right to challenge the 401(k) designation post mortem.


My wife is getting 50 percent of my 401K and she is filing for divorce in the State of Tn. Is she entitled to 50 percent of my pension?

Most likely. But you are entitled to 50 percent of hers as well.


401k Retirement Plan?

form_title=401k Retirement Plan form_header=With a 401k plan you can choose to defer a portion of your salary and save for retirement. Who is your primary beneficiary?*= _[50] How long have you worked for your employer?*= _Enter Number of Years[50] What percentage of your salary do you want to invest?*= _[50] Would you like to contribute to your 401k weekly or bi weekly?*= () Weekly () Bi Weekly


Can 401K funds be subject to garnishment for credit card debt?

No 401K money cannot be seized for virtually anything. If by garnishment you mean your collecting from the 401k - there are many ways that income can be seized, just not while it's in the 401k.


Do the children of a deceased father have rights to his 401k if there is no will or would it just go to the surviving spouse?

Generally, a person names a beneficiary when they set up a 401K account. The account manager will distribute the proceeds according to that instruction when it receives official notification of the death.


If the account holder of a 401k dies can the beneficiary withdraw funds without penalty?

Yes. One of the exclusions to the 10% penalty is if you're receiving these monies as a beneficiary or a QDRO recipient. (QDRO - Qualified Domestic Relations Order. Recieved from a divorce settlement.)


Who to contact for Carolina Freight Corporation Employees Pension Plan?

I worked for Carolina Freight for many years. Am I entitled to my pension or was there a 401k