Estate Law Questions? Ask an Estate Lawyer.
I am very sorry for your loss. The poa terminated on his passing so she cannot act on that. If your father was married at time he passed, his 401k has to pass to his wife, not his girlfriend. The girlfriend could only get it if wife waived rights during his life which she did not. Your mom then should assert her rights and is entitled to the 401k. The executor of his estate should handle things, but the 401k should pass to your mom. I hope that is fast and clear. Please let me know.
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