401k and 403b Plans

If your common law spouse dies without a will is the surviving spouse entitled to his 401k pension plan?

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Wiki User
May 01, 2007 12:10AM

There are a number of factors that can affect the ultimate payout. The employer and/or plan administrator would likely have a beneficiary designation on file for the 401(k). If the plan is an ERISA plan, it is unlikely that the interest of the surviving spouse (not the common law spouse) would be usurped. State law can come into play, too (ie, whether the wedded spouses were legally separated, etc.). I know this probably doesn't help, but the question is pretty vague and needs more details, such as was the spouse named as the beneficiary to the 401(k)? was the common-law spouse named as the beneficiary? what do the terms of the 401(k) plan indicate regarding distributions on the participant's death? is the plan governed by ERISA? were the spouses legally separated under state law (ie, did a court issue an order of separation? does state law take away the rights of a surviving spouse when there is a separation order?

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Not enough information is given in order to answer. Entitled to the spouse's pension under what circumstances? Death? Divorce? Sham marriage? Common-law marriage? Not only is more information needed, all pension benefits are going to be different depending on the type of pension it is (e.g.: union pension - private employer pension - government pension - military pension?) You should probably consult with legal counsel over this question as it can get quite complicated depending on the circumstances, just a few of which are enumerated above.

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Yes, if you are legally married, the survivor is usually entitled to continue to collect the pension. although at a reduced rate, than when the pensioner was alive. In certain cases, the pension dies with the person named in the paperwork. Check with the pension provider.what is considered legally married.is common law considered legalley married?

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If the pension is through a company (not social security), then depending on the divorce agreement, the wife may be entitled to have a share. Alternatively, another piece of the couple's common monies become the offset to the wife. However, you both should know whether the pension has survivor components and will continue after your death.

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That depends on whether common law marriage is recognized in your state. If it is then you need to check the laws of intestacy in your state to determine what portion you are entitled to as the surviving spouse. Perhaps you could find your answer at the links provided below.

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Typically, the surviving spouse who is living in the home under a probate homestead must maintain the home and pay interest on any mortgage debt. The heirs are liable for reductions in principal. The surviving spouse is not required to insure the home, but if she does, she is entitled to the proceeds for any claim.

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A person who inherits an interest in real estate would become a tenant in common with the surviving co-owner.

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The pamphlet "Common Sense" was written by Thomas Paine.

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Yes. If the will is allowed the common law spouse will receive their devise under the will regardless of the status of the marriage. If the decedent died in Ohio without a will, or intestate, the surviving spouse in a common law marriage perfected before October 1991 would receive a spouses share under the laws of intestacy.

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New Hampshire recognizes common law marriage for purposes of probate only. In other words, they recognize a common law marriage at the time of the spouses death to ensure the surviving spouse can receive the inheritance with no issues.

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The only surviving relative a koala has is the wombat, they have a common ancestor. The koala is the last surviving member of the Phascolarctidae family. The Koala is in no way related to a bear.

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That would depend upon the laws of intestacy and survivorship in Indiana, and the exact words used in the deed. Without looking up your particular state: It may well be that the surviving joint tenant (the daughter) obtains exclusive ownership of the house, as the estate has no ownership of the house to distribute in probate of the intestate. If the daughter and father were tenants "in common", and not jointly, then the father's ownership passes to the statutory heirs by intestacy (typically half to the surviving spouse and half to be divided by all children or their surviving heirs, etc).

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This is very common in estates. It makes sense as they are the ones that will benefit.

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It depends on the laws of your country. In the UK, as surviving spouse - she would be entitled to his share of the property. However - she may want to 'buy out' the son's share in order to have exclusive ownership.

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Yes, that is very common. The spouse is typically the executor of the estate.

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Gentile, common misconception but he was in fact not jewish. Take it from a surviving family member.

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Yes, there were although not many surviving the new age Laws were based on common sense point of veiw, given by the god Ra Yes, there were although not many surviving the new age Laws were based on common sense point of veiw, given by the god Ra

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Fire moss , Ceratodon purpureus, is the most common moss in the world. It is stress tolerant and resistant to pollution, so it is capable of surviving in inhospitable arenas.

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No, that would not be permissable. There are few places that allow common law spouses, so check that carefully.

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That depends entirely upon the place that they work. There is no single set of common pension rights. Each contract specifies what their benefits are. Two nurses working side by side can have very different rights depending upon when they started working and what their experience is.

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Pension is an English word. In the US, at least, the more common meaning is a retirement plan. However, it's also sometimes used for a room in a family-owned boarding house, though someone in the US is more likely to call that a "bed and breakfast".

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Laws can vary state to state. Speak with an attorney regarding this matter.

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The sister in law's status as a tenant in common does not give her any special advantage to be appointed as executor. The daughter should continue with her petition for appointment as her parents' heir. As tenants in common, the parents' interest in the property will not pass to the sister in law.

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-tion and -sion are the most common. Like competition, intuition, creation, etc And tension, pension, etc

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pension fund sponsors in 2001 were California Public Employees ($143.8 billion in assets), New York State Common ($106 billion), California State Teachers ($95.5 billion), Federal Retirement Thrift ($93.3 billion),