question re divorce decree and 401K beneficiaries

Posted by: dar

question re divorce decree and 401K beneficiaries - 12/01/15 12:41 AM

Hi all,

Glad to be here. I'll do bullets to make it simple:

*My ex husband (of 13 years) died recently and left his 401K to his elderly parents and our minor child (designated as primary beneficiaries).

*I was remarried two years ago. We have no children, and I have custody of my ex's child.

*the DD says that I get coverture fraction of the 401K (of my portion - 13 years of marriage).

Question: I know that technically I will be able to have my child's portion (33%) for her needs, but can I claim any more than that? Will his parents get their 67% share as primary beneficiaries, or does their portion belong to me?

Any and all help is very welcome.

thanks so much.
D.
Posted by: MinnesotaMom

Re: question re divorce decree and 401K beneficiaries - 01/07/16 07:13 PM

The question is whether the DD overrides the will, which I don't know.

Regardless, the child gets 1/3 plus SS.