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Asked 6/25/2008

If the named beneficiary of a 401K is the son of the owner of the 401K, can the surving spouse of the owner claim any part of the 401K?

DH owned a 401K listing her son as beneficiary. She was in the process of divorcing her husband and had a settlement agreement where the husband gave up all rights to the 401K drawn up and filed with the court when she found out she had cancer. She was receiving chemo for the cancer and had a will drawn up leaving everything to her son including the 401K. Unfortunately, she died a month later. She was still married and now the husband is trying to claim the 401K. Can he do this when there is a beneficiary listed, a settlement agreement filed in court, and a will all leaving the 401K to her son?

 
 
 
 
 
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