QUESTION
Is my minor son entitled to his deceased fathers 401k?
Asked on Jun 02nd, 2011 on Estate Planning - Georgia
More details to this question:
My sons father passed in February after working for a company for well over 30 years. He was not married and my son is his only child. I just received a letter stating that his sister has been appointed personal representative of the estate. Does this mean she gets the 401k or is my son still entitled to it?
2 ANSWERS
Theodore W. Robinson
Your son is primarily entitled to the 401k plan. The sister has apparently been named the Administrator of the Estate and it's her job to work all that out and report to the Court what she intends to do with the estate. You, as the Guardian of your son, should be given a full accounting of the Estate and be asked to sign off on it if it makes sense and if your son is still a minor. Good luck.
Answered on Jun 06th, 2011 at 2:22 PM
Glen Edward Ashman
Get a lawyer as in yesterday. Your son probably has a claim, and if there is a lot at stake, make sure it is asserted properly.
Answered on Jun 03rd, 2011 at 2:03 PM