Q: If a will says or 401K money when my mother passed said 100% to her husband with additional her three children names on
After my mother's passing we did not receive no money and he got remarried 6 months after my mom passed cuz he was cheating
A:
Under California law, the distribution of assets like a 401K is governed by the beneficiary designations set forth in the account. If your mother's 401K designated her husband as the 100% beneficiary, then he is legally entitled to receive the entire amount, regardless of any other mentions or names in the will.
The situation with the will is slightly different. If the will states that her children should receive a portion of her assets, these provisions should be followed for any assets covered by the will. However, it's important to note that beneficiary designations on accounts like 401Ks typically supersede what is written in a will.
If there's a discrepancy or a lack of clarity in the distribution of assets, it may be necessary to consult with a legal professional. They can help clarify the terms of the will and the 401K beneficiary designations, and provide guidance on how to proceed, especially if you believe the assets were not distributed as intended.
Your mother's husband remarrying or the circumstances of their relationship before her passing generally do not affect the legal distribution of assets, unless there were specific conditions set in the will or beneficiary designations. Understanding your legal rights in this situation is crucial, and a legal professional can offer tailored advice and support.
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