10/13/2026
Your will says who gets your house. It says nothing about your 401(k).
A man sat in my conference room last week. He’d done everything right, or so he thought. After he remarried, he updated his will twice to make sure his new wife was fully protected.
He never touched the beneficiary form on his $400,000 401(k).
He hadn’t looked at it since before his divorce. His ex-wife’s name was still on it.
If something had happened to him, the plan would have paid her. Not his wife. Her.
“But my will leaves everything to my wife,” he said. “We settled the divorce years ago.”
It didn’t matter. A 401(k) pays whoever is named on the form. Minnesota law normally cancels an ex-spouse’s designation after a divorce, but federal law overrides that rule for most employer retirement plans. The will never comes into it.
You can spend $10,000 on a full estate plan, with a will, a trust, powers of attorney, and a healthcare directive, and a form you signed 15 years ago can still overrule all of it.
Married, divorced, or had a baby? Pull up your beneficiary forms this week. It takes 10 minutes.