Q: My mom' 401k to husband to decived between her three kids and he did not our names was on beneficiary but 100% to him

A: In California, the distribution of assets from a 401(k) plan upon the account holder's death is typically governed by the beneficiary designation form that the account holder completed with the plan administrator. If your mother designated her husband as the 100% beneficiary on her 401(k) plan, then, under federal law, the plan administrator will distribute the assets to him upon her death, regardless of the provisions of her will or other estate planning documents.

However, if there was an understanding or agreement that the husband would distribute the proceeds from the 401(k) to her children, or if there were changes supposed to be made to the beneficiary designation that were not completed, the situation might warrant further investigation. This could involve reviewing the 401(k) plan documents, any relevant estate planning documents, and communications regarding the beneficiary designations.

Given the complexity of these matters and the potential for disputes over beneficiary designations and estate distribution, it's wise to seek legal advice. An attorney can review the specifics of your case, including any documentation you have, and advise you on potential legal actions. This might include contesting the beneficiary designation if there's evidence it does not reflect your mother's final wishes or exploring other legal avenues based on the specifics of your situation.