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Ask Legalease Your Own Question
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16208
Experience:  15 yrs experience: Elder Law, Wills, Social Security Issues
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I have been named as non-spouse on 401 by my domestic partner.

Customer Question

I have been named as non-spouse on 401 by my domestic partner. His daughter has request documents from the account and the documents has her name as FBO followed by her father's name.
JA: The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No. Why do I need an estate lawyer when I am direct beneficiary?
JA: Please tell me everything you can about this issue so the can help you best. I can help you talk to the lawyer. Thanks for coming to JustAnswer. How can we help?
Customer: I have been named beneficiary to a 401k account by her father; this was done in 2011. He died in March 2016; she discovered that I am direct beneficiary. She contact the organization holding the funds requested verification of beneficiary; but they sent her a full accounting of the funds in the account. The document was mailed to her with FBO followed by her father's name.
JA: OK. The lawyer will know what to do. Is there anything else the lawyer should be aware of?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Estate Law
Expert:  Legalease replied 6 months ago.
Hello there --If he was not married at the time of his death then it was his legal right to name anyone that he wanted to name as the beneficiary of his 401k even if that action operated to exclude any children that he might have. If he took care of this all legally before he died and the company is satisfied that you are the beneficiary then it is perfectly legal and there are no further issues with it. If the daughter contests, she will most likely be wasting her time and legal fees. At this point the FBO only means that they are providing the document to her for her benefit from her father's account and if she is not named as the beneficiary of the account or anywhere in the account documents, then the company really should not have provided her with this information and should have contacted you before doing so. The most they should have told her is that there is another named beneficiary on the account and that it is not her. You may want to contact the company and ask them why they sent her the information if she was not the named beneficiary on the account as far as you know and see what they have to say about it. THe daughter is certainly welcome to hire a lawyer and pursue you and the company but if the beneficiary documents were clear and there is no question he was in his right mind when he signed them, then she is really wasting her time if she contests the matter in court.-Please let me know if you have any further questions. If not, can you please press a positive rating above so that I will be paid for my time. I am paid nothing unless you press a positive rating above (a positive rating is the third, fourth or fifth star). Doing so will not cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH-MARY - -

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