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My brotherinlaw died after being married for 3 days.He did not change any of his beneficiaries.Does his new wife get anything?
Houston, TX
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Posted 4 months ago in Probate
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His life insurance and 401K name another brother as benefiticiary. He and his girlfriend dated 8 yrs.
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Answers (1)
Randall S Perrier
This attorney is licensed in Texas.
Posted 4 months ago.
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This posting is for educational purposes only and does not create an an attorney-client relationship between us.
First, let me say I am sorry for your and your sister's loss. Sadly, I haven't got great news. Generally speaking, the 401K's plan administrator and life insurance company will be bound by the beneficiary designations in effect at the time of your brother-in-law's death. It would seem that, unless your sister had a claim that she and your brother-in-law had a common-law marriage before their actual marriage (sometime during the preceding 8 years), your sister would not have a community property interest in or claim to the 401K or life insurance proceeds. Best of luck, Randall Perrier |
