Decedent’s Wife, Not Trustee Of Decedent’s Estate, Is Entitled To 401(k) Proceeds

Mealey's (November 5, 2020, 10:37 AM EST) -- RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on Nov. 2 affirmed a district court’s ruling that a decedent’s wife and not the trustee of the decedent’s estate is entitled to the proceeds of the decedent’s 401(k) plan because the marriage was never declared void while the decedent was alive as required under applicable Virginia law (Lyon Shipyard 401[k] Plan et al., v. Minwer H. Subeh et al., No. 19-2013, 4th Cir., 2020 U.S. App. LEXIS 34544)....