What can i do my mother in law got gaurdianship of my husband withdrew our 401k all without my knowledge. He is now dead
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can i do my mother in law got gaurdianship of my husband withdrew our 401k all without my knowledge. He is now dead
Husband had stroke motherlaw got quardenship then withdrew 401k all
without my knowledge who is respnsible for paying this back
Asked on May 27, 2016 under Estate Planning, Kansas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Sorry to hear about your husband.
You can sue your mother-in-law for conversion (theft of the 401k). Your remedy is to seek a constructive trust. A constructive trust will require your mother-in-law to return the 401k assets. If she has spent any of the proceeds, a constructive trust can be used to trace the missing funds and you can recover the funds or the value of the item(s) purchased with the funds.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.