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Fidelity 401k beneficiary designation

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?

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Attorney answers 2


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.


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 general information about the question posted. I am licensed to practice in the state of California and Texas. The information provided on this site should not be used as a substitute for conferring with or hiring a competent legal advice from a licensed attorney that practices in the subject area in your state.

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