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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi Dimitry, You previously answered a question for me regarding

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Hi Dimitry, You previously answered a question for me regarding my mother, who signed away her right to her husband's 401(k) assets when he retired 10 years ago. He set up a stockbroking account with the proceeds & named his son as beneficiary. He has now changed the beneficiary on his stockbroking account to my mother.
-> Is there anything she can do to ensure he doesn't change the beneficiary again to his son or liquidate the acct? How can she protect herself?
Thank you for your question and thank you kindly for requesting me to assist you again.

That is a good question. Does he still remain as a trustee of the account?
Customer: replied 3 years ago.
As far as I know, the sole name on the account is my Mother's husband. There is also only one beneficiary, my mother, based on the latest document he submitted to his broker in my Mother's presence.

Thank you for your follow-up, Ann.

I can understand your concerns here. The remaining options here are two-fold. he can also send a formally notarized document to the account manager (whichever company that is holding the account) stating that any further beneficiary changes must be done with the consent and signature of your mother. That will hopefully limit his ability to later reverse the changes. The second would be a private stand-alone notarized agreement made with your mother stating that he agrees to not make changes, and that any subsequent changes if done without her knowledge or consent are deemed to be void. That should then be enough to contest should he go back on his work and make the changes going forward.

Good luck.

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