Am I entitled to my deceased husband’s 401K benefits since I am the legal wife? 5 Answers as of October 15, 2014

My question is about 401k from my deceased husband because I'm not sure if I am in title to claim because I'm not the beneficiary. He got it before we meet and got married but my husband have 1 son from his ex-wife and I'm afraid if the son claim it all my husband 401k do I'm in title even though I'm not the beneficiary but I am a legal wife?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
The proceeds will go according the beneficiary designation.
Answer Applies to: California
Replied: 10/15/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
The money goes to the beneficiary.
Answer Applies to: California
Replied: 10/13/2014
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Unfortunately, if your husband didn't change his beneficiary to his wife prior to his death, the funds will be paid in full to the designated beneficiary on the account.
Answer Applies to: California
Replied: 10/13/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Suggest you contact a family law lawyer experienced in making claims against a 401k plan.
Answer Applies to: California
Replied: 10/13/2014
James Law Group
James Law Group | Christine James
If you are not the beneficiary, you are likely not entitled to it. Speak with a probate attorney to see if there are some marital rights you can claim to part of it by law.
Answer Applies to: California
Replied: 10/13/2014
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