I am an executor for a will in Cobb County, GA. The woman, whose estate I am representing, was in the middle of a divorce when she died. Prior to dying she and her husband had worked out and signed a settlement agreement that was filed with the Court. In the agreement the husband gave up all rights to the 401K. The beneficiary listed on the 401K is her 26 yr old son. He has been the beneficiary since she started it back in 1998. She never changed the beneficiary when she married in 2001. Shortly after signing the settlement agreement, she found out she had cancer and started chemo treatments. She also made out a will, naming her son as her heir including her 401K. Unfortunately, she died within the month of doing all of this. Now the husband is trying to make a claim for the 401K or at least get it paid to the estate because he doesn't want the son to get anything and because he thinks that the 401K will pay all the obligations his wife was supposed to fulfill in the settlement agreement. The debts are at 3 times what the 401K and the likelihood of the obligations being filled are almost nonexistent. Can the husband force the 401K to be paid to the estate instead of to the beneficiary? What can we do to prevent this from happening? Any thoughts would be appreciated.
T.
T.
