what kind of attorney handles 401k beneficiary law site:www.avvo.com

by Toni Carroll 8 min read

Steven J. Fromm

As the two attorneys comments so clearly indicate, this is an area to which even attorneys disagree. Ms Johnson gives an excellent discussion of the law in this area and the uncertainties in any court battle. It would appear you have a good fighting chance in this matter.

Eliz C A Johnson

In 2009, Justice Souter of the United States Supreme Court issued a unanimous decision in the case of Kennedy v. Plan Administrator for DuPont Savings and Investment Plan. A dispute had arisen between husband’s estate and his ex-wife over receipt of his Savings and Investment Plan proceeds.

Bret Stuart Moore

I'm not an expert, but my understanding is that ERISA says the company's plan usually trumps state law. Georgia is not an "automatic revocation by divorce" state, so the beneficiary designation wouldn't automatically disappear under state law, but it may not matter.

What happens if you don't have a will for 401(k)?

Distribution of a 401k would be based upon the policy named beneficiaries. If none, then you will probably have to probate. One other thing, If there is no Will, then your father "naming" you as the Personal Represative will mke no difference. A personal Representative is appointed by the court...

Can you withdraw 401(k) from siblings?

First, you must speak with a CPA as soon as possible. You and your siblings may be facing penalties for late withdrawals, depending upon the plan. A CPA can assist you with the tax implications. As to obtaining the 401 (k) funds, you must contact the plan administrator to discuss the types of withdrawals that beneficiaries are allowed to take. Optimally, the three of you can "stretch" the distributions over your life...

Can a CPA help with 401(k)?

A CPA can assist you with the tax implications. As to obtaining the 401 (k) funds, you must contact the plan administrator to discuss the types of withdrawals that beneficiaries are allowed to take. Optimally, the three of you can "stretch" the distributions over your life... 1 found this answer helpful.