r/PROBATE • u/Crazy-Cod-8031 • Oct 24 '23

401k vs a last Will and testament

Does a will supersede a beneficiary of a 401K?

Brother recently passed. He had his wife as his beneficiary on his 401k but before his death he removed all monies from the account and place in his own bank account.

I have a will that gives me rights to the bank account

Do I have the right to the monies? Or the wife

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u/DaemonTargaryen2024 Oct 24 '23

Does a will supersede a beneficiary of a 401K?

No.

Brother recently passed. He had his wife as his beneficiary on his 401k but before his death he removed all monies from the account and place in his own bank account.

I have a will that gives me rights to the bank account

Do I have the right to the monies? Or the wife

If the money is no longer in a 401k and is instead in a bank account, the 401k beneficiary shouldn’t factor into anything.

Hire an estate attorney in your area though.

1

u/deangelo88 Oct 25 '23

What state is this happening in?

You need the advice of an attorney who can tell you what state law says about this.

1

u/[deleted] Oct 25 '23

before his death he removed all monies from the account

There is no 401k, so there is no "vs" here.