What happens to your 401(k) if you have no named beneficiary and die? Would it go to your surviving spouse, child(ren) from a previous marriage, estate? Per ERISA, absent a signed waiver, the surviving spouse is always the beneficiary of a 401(k). I'm sure your 401(k) plan's beneficiary form includes text explaining this provision and provides a waiver section that may be signed by your spouse.
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