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Pension, Retirement, and Investment Accounts

What if I was not named as beneficiary on their retirement account?

Short answer

As a surviving spouse, you generally have legal protections. Federal law (ERISA) requires most employer-sponsored retirement plans to name the spouse as beneficiary unless the spouse signed a written waiver. If someone else was named without your written consent, you may have…

What this usually means

As a surviving spouse, you generally have legal protections. Federal law (ERISA) requires most employer-sponsored retirement plans to name the spouse as beneficiary unless the spouse signed a written waiver. If someone else was named without your written consent, you may have a legal claim. Consult an ERISA attorney.

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Related questions

Official starting points

Rules and procedures can change. These official sources are the starting points used to review this topic.

Last reviewed: July 27, 2026 · California guidance unless noted otherwise

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