How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35298
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

My husband passed away he never updated to show be as beneficiary

This answer was rated:

My husband passed away he never updated to show be as beneficiary for the company he worked 30 years for before I knew him he had made his mother the beneficiary. We got married but we never changed it he died before we could do any of the paperwork. We were married 6 years. I never signed any paperwork is California a state where I have to give my written consent for someone else to be the Primary Beneficiary on any proceeds from being distributed as his Spouse. I have a lot of his debt and need the benefits to pay it. The people who processed the paperwork said I would not be receiving any of the benefits.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
Is this a company based 401K retirement program where the employer contributed to the plan along with husband?
.
Or is this some type of life insurance policy?
.
.
Thanks
Barrister
Customer: replied 3 years ago.

He contributed to 401k but he took that out when he retired. My question would be about the insurance that the company took out on him when he retired as part of the retirement plan.

Customer: replied 3 years ago.

Actaully the beneficiary paperwork would be stipulated threw the 401k paperwork..

Unfortunately an insurance policy doesn't automatically go to the new spouse when someone gets married. If this was a retirement plan like a 401K, which is controlled by a federal law called ERISA, it would automatically go to you even if another beneficiary is designated.
.
But life insurance policies keep the same benefieciary forever unless formally changed by the owner of the policy.
.
So I am afraid that they have given you accurate information about who will receive the proceeds of the policy.
.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

.
.
Thanks
Barrister
Barrister and 10 other Legal Specialists are ready to help you

Related Legal Questions