October 05, 2012

Last Will and Testament

I read a lot when I have time and I encountered an article that talks about having last will and testament is not enought to put your assets to where you want to put it or who you want to have it. Let's talk about 401K which is a type of retirement savings account here in USA where the contributor can begin to withdraw funds after reaching the age of 60. If you have a 401K and you're married, your spouse is automatically entitled to every dime of it REGARDLESS what your last will stated. In order for the spouse not be credited, he/she needs to waive his/her right. This is not applicable to those married less than a year. Furthermore, a PreNup agreement is not a valid waiver. So, if you failed to file for a divorce and you've been living with your partner for years, unfortunately even you placed his/her name on your last will, your ex will have the right. This is such an interesting legal information that I happened to read which made hubby asked me why I'm so interested with it saying that he won't die yet, LOL! Well, I thought that Last Will and Testament rules over all policies on beneficiaries. Opps, I didn't check if this is applies to all states, but if it's a federal law, all must comply.

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