Brother listed as beneficiary instead of stepfather

[Miss_Tracy]

My mother has one of my brothers listed as her beneficiary on a work-sponsored stock purchasing plan (with Wal-Mart). I know that if you are married and do not list your spouse as a beneficiary on any such account that requires one, your spouse has to sign a form indicating that he/she has been made aware that he or she is not the beneficiary on said account. My stepfather says he doesn't remember ever signing any such form for this account. I think the reason is because my mother had the account prior to her marriage to my stepfather. My question is, if my mother dies before my stepfather, [since my brother was listed as her beneficiary on this account before she married my stepfather,] would that then superscede any entitlement my stepfater thinks he has on this account? Thanks. --Tracy

 

[cbg]

"I know that if you are married and do not list your spouse as a beneficiary on any such account that requires one, your spouse has to sign a form indicating that he/she has been made aware that he or she is not the beneficiary on said account. "

That is the law for 401k plans. I am not aware of it being law for any other kind of plan, including stock purchase plans.