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Ex husband passed away left me the beneficiary of his 401k…

Customer Question
Ex husband passed away...

Ex husband passed away left me the beneficiary of his 401k now the company says that I am not qualified to get it is there anyway I can fight this even though they may have a rule stating that I can't get it

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Pennsylvania

Lawyer's Assistant: What documents or supporting evidence do you have?

I have the paperwork that they sent me to fill out the forms and return to them and on the paperwork it states that I am his ex-wife and I will receive 100% of the 401K plan because I was the sole beneficiary of it but I did send the paperwork back to them filled it out and that's when they asked me for a death certificate which I told him I couldn't get

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I did request a summary and they did send it and then to summary it stated that if I was in ex-wife I couldn't receive the benefits

Submitted: 4 months ago.Category: Estate Law
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Answered in 2 hours by:
3/13/2018
Estate Lawyer: Attorney2, Attorney replied 4 months ago
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 8,926
Experience: 30 Years in General Practice and Estate Planning
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Welcome and thank you for your question. Can you tell me the exact reason that they are stating that they are not qualified?

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Customer reply replied 4 months ago
They said which Duncan Financial Group, I was no longer qualified to receive my ex-husband's 401k benefit , because, I was his Ex wife.
But when I got in contact with them . They told me to fill the paper work that would be sent to me and I would receive the payout within a week after they had received the paper work from me. They received the paper work from me . Called me asking for a death certificate of my ex-husband.
Then when I told him I didn't have it they told me to reach out to his daughter which would be my step daughter and see if she would give it to me.
I then emailed the person back that I talk to and told him that I could not get the death certificate then he emailed me back a week later telling me that I was no longer eligible to receive my ex-husband's 401K benefits even though I was the only one put on the benefit plan that he had. Which was the 401K.
Estate Lawyer: Attorney2, Attorney replied 4 months ago

Does the language of the 401K state that you are no longer the beneficiary if you are divorced?

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Estate Lawyer: Attorney2, Attorney replied 4 months ago

Do you have a copy of the 401K paperwork?

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