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    austinwilliams's Avatar
    austinwilliams Posts: 1, Reputation: 1
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    #1

    Jul 4, 2010, 04:56 PM
    Am I entitled to his 401k And not married together 25 years
    Been living together 25 years am I entitled to part of his 401k
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jul 4, 2010, 05:13 PM

    What state is this happening in?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 4, 2010, 06:35 PM

    Most 401K will have a beneficiary listed who gets it. Who did he list on his.
    If there is no one listed, it goes to his estate, and then his will will decide who gets it

    Merely living together gives you no rights to his estate, he will have needed to live you it either by makingyou the beneficiary of it, or though his will
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Jul 4, 2010, 07:24 PM
    Quote Originally Posted by Fr_Chuck View Post
    most 401K will have a beneficiary listed who gets it. Who did he list on his.
    If there is no one listed, it goes to his estate, and then his will will decide who gets it

    Merely living together gives you no rights to his estate, he will have needed to live you it either by makingyou the beneficiary of it, or though his will
    The only time it may make a difference is that in some places common law marriage still exists. That's why I asked the state.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 4, 2010, 07:27 PM

    Yes, a few do still may. The biggest issue is who is listed as beneficiary, since all should have someone listed
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Jul 5, 2010, 02:26 AM
    Quote Originally Posted by Fr_Chuck View Post
    yes, a few do still may. the biggest issue is who is listed as beneficiary, since all should have someone listed
    The problem is we don't know if this is question is because of someone's passing ir if its because of separation. If from separation then the beneficiary doesn't matter. If from passing it matters absolutely.
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