Attorney Nick Abaza successfully helped a widow obtain her share of 401k that was left to others

Abaza Law successfully protected a surviving spouse’s rights to a significant portion of a 401(k) retirement account in a contested estate matter, demonstrating that spouses who never signed a waiver who was married after the beneficiary designation. End Quote

Houston, TX (1888PressRelease) July 12, 2026 - Abaza Law, a Houston-based firm focus in probate, estate litigation, and complex family wealth disputes, today announced a favorable resolution in a contested 401(k) retirement account matter involving surviving spousal rights under Texas and federal law.

In the case, the surviving spouse successfully asserted rights to a significant portion of the deceased’s 401(k) despite an existing beneficiary designation favoring other parties. Key factors included the absence of a valid spousal waiver and the timing of the marriage relative to the beneficiary form.

“Texas law and ERISA provide strong protections for surviving spouses in retirement account disputes,” said Nicholas Abaza, founder of Abaza Law. “If a spouse never signed a waiver agreeing to forfeit their share of the 401(k), or if the marriage occurred after the beneficiary designation was made, they often retain substantial estate rights. This is especially true in common law marriage situations, where the surviving partner can challenge the beneficiary designation and pursue their community property or elective share interests.”

Abaza Law successfully navigated the interplay between Texas community property principles, ERISA preemption rules, and probate procedures to protect the client’s interests. The resolution underscores that beneficiary designations are not always absolute when proper spousal consents or waivers are missing.

Key Takeaways for Surviving Spouses:
• No Waiver Signed: A surviving spouse who did not execute a valid waiver typically retains rights to a portion (often 50% or more under community property rules) of the 401(k) accumulated during marriage.
• Post-Designation Marriage: If the marriage took place after the beneficiary form was completed, the new spouse may have strong claims to override or share in the account.
• Common Law Marriage: Texas recognizes common law (informal) marriages. Qualifying couples have the same spousal rights as formally married couples and can litigate beneficiary designations in probate or federal court.

“Retirement accounts like 401(k)s and 403(b)s frequently become battlegrounds in estate disputes,” added Abaza. “Early legal intervention is critical. We help clients assert their rights quickly, whether through negotiation, mediation, or litigation, to prevent assets from being improperly diverted away from the surviving spouse.”

Abaza Law regularly represents surviving spouses, heirs, and fiduciaries in high-stakes ERISA, probate, and trust litigation across Texas. The firm combines deep knowledge of Texas Estate Code provisions with practical experience in federal retirement plan rules.
For more information or to schedule a consultation regarding 401(k) spousal rights, common law marriage claims, or other estate disputes, contact Abaza Law at (713) 965-3400 or visit nicholasabaza.com.

About Abaza Law
Abaza Law, led by attorney Nicholas Abaza, focuses on probate litigation, estate contests, trust disputes, deed fraud recovery, homestead protections, and spousal rights in retirement accounts. The firm is committed to protecting families’ wealth and legacy throughout Texas. For more information, visit http://www.nicholasabaza.com

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