Fidelity 401k beneficiary designation

Asked 10 months ago - San Francisco, CA

It seems that Fidelity who holds my 401k only allows a beneficary designation And that a spouse is the default beneficiary upon my death if a waiver is not signed before then designating someone else for my 401k. Does a will supersede this designation rule? So let's say I didn't do anything, and that the default applies, and then my will designates someone else, which one takes precedence?

Attorney answers (2)

  1. Christine James


    Contributor Level 19


    Lawyers agree

    Answered . Spouses have rights but try naming your estate for 1/2 if you don't want the spouse to get all And do a will designating the beneficiary for the other 1/2.

  2. Max M Alavi

    Contributor Level 8


    Lawyer agrees

    Answered . Ca is a community property estate and I will assume that your 401K like most is a community asset. In that scenario you can not will away all of your 401K to someone other than your spouse.

    Disclaimer: The above answer does not create an attorney/client relationship. My responses are intended to provide... more

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