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Asked 10/16/2008

Does a 401k automatically transfer or rollover to the spouse regardless who the designated beneficiary is?

When I use to work with 401k's and IRA's as an Administrator in earlier years in the State of New Jersey a 401k always transferred/rolled over to the surviving spouse regardless of a beneficiary being named; however, an IRA transferred/rolled over to the designated beneficiary (other than a spouse) even if there was a surviving spouse

 
 
 
 
 
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Answer 1/2 - Submitted 10/16/2008

What IRS Publication can I refer to in order to get this answer so that I can confirm my thoughts with the attorney I work for. We have a client who received an answer from a supposed expert that I do not agree with.

 
 

Answer 2/2 - Submitted 10/16/2008

What IRS Publication can I refer to in order to get this answer so that I can confirm my thoughts with the attorney I work for. We have a client who received an answer from a supposed expert that I do not agree with.

 
 
 
 
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