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Asked 4/21/2010

My 401k

I live in Massachuttes, if I was to marry is my husband entitled to my 401k eventhough I have made my children beneficaries

 
 
 
 
 
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Answer 1/2 - Submitted 4/21/2010

It is my understanding because Massachuttes is a common law state your spouse is entitled to your 401k in the event of your death eventhough you may have your children as beneficaries

 
 

Answer 2/2 - Submitted 4/21/2010

WIth ALL 401k's the spouse is the mandatory beneficiary, unless they sign a notarized waiver allowing you to name another person, You can have your children remain beneficiaries if your new spouse will sign the form-- the administrator can send you one, your HR may have one, and most companies have them online-- there are instruction right on the beneficiary form how to name someone other than your spouse. Your current form would not be honored.

 
 
 
 
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