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Infolawyer
Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 55784
Experience:  Licensed attorney helping individuals and businesses.
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My father just past and my sister had power of attorney that

Customer Question

My father just past and my sister had power of attorney that has a 2016 date for ending. We just found out that my father made his girlfriend beneficiary but my father is still married to my mother and she never signed off on his 401k accounts .
Submitted: 1 year ago.
Category: Estate Law
Expert:  Infolawyer replied 1 year ago.

Hello

Expert:  Infolawyer replied 1 year ago.

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.

Expert:  Infolawyer replied 1 year ago.

Kindly click on a good rating for the answer.