West Monroe, LA asked in Estate Planning and Probate for Louisiana

Q: Are step kids entitled to part of my 401k?

My wife recently passed away. We did not have any children but she had two children from a previous marriage. I never adopted them or anything like that and they are both in their 30's now. During the marriage I had and still have a 401k that I contribute money to. My wife is obviously no longer the beneficiary but with Louisiana being a community property state and much of it was built up during the marriage, are the two step kids entitled to any portion of that 401k that I put money into during the marriage?

Related Topics:
1 Lawyer Answer
Randy Bryan Ligh
Randy Bryan Ligh
  • Probate Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: With the concerns identified in your post, I would recommend that you contact an attorney knowledgeable in community property law and in probate/successions law to discuss your concerns and any other which you might think of before your meeting and how to proceed going forward.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.