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« My Late Husband Didn't Update His 401(k) Beneficiary Form -- Will His Ex-Wife Inherit His Account? | Main | Can a Disabled Person Work After Age 66 Without Losing His Social Security Benefit? »

10/13/2010

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This is a question regarding the above.

How does this apply for a next of kin? Would next of kin be considered much the same as a new wife, even if that person was not listed as the next or back up beneficiary?

From my research, it seems if next of kin is not listed as a beneficiary, the next step is for the 401(k) to go to the estate and then be distributed by probate. So does that mean that if next of kin is NOT listed as a second beneficiary, then the 401k must then go to the estate?

Texas state family law has a statute stating that upon divorce the ex waves all rights to 401(k)s and life insurance, except where otherwise stated.

I'm from Australia and my father passed away in Texas (had lived there for 17 years) last week and I'm having to deal with the same as the above. Any insights would be very very welcome. Thank you

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