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Attorney2020
Attorney2020, Attorney
Category: Estate Law
Satisfied Customers: 2578
Experience:  Estate planning and wealth preservation attorney.
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I was divorced from my husband in 2007. We each kept our own

Customer Question

I was divorced from my husband in 2007. We each kept our own retirement accounts. He recently died in an accident. I learned that I was still the beneficiary on his 401k and Roth IRA. The retirement plan company was ready to send me the payout, but changed their mind, referring to the divorce papers where we each kept our own plans. I looked at the 2009 US Supreme Ct case of Kennedy v Plan Administrator for DuPont Savings & Investment Plan. Their unanimous decision was to pay the beneficiary. Does the Plan have to adhere to this, or can they just make their own decision?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Attorney2020 replied 1 year ago.

Kennedy v. Plan Administrator analysis controls the 401k as it is protected under ERISA. Was the Roth IRA provided by the employer?