QUESTION

What happens with this 401k?

Asked on May 30th, 2023 on Estate Planning - California
More details to this question:
My dad had a 401k plan when he passed away. His wife was the primary beneficiary and his 3 sons were listed as the contingent beneficiaries. 1 year after my dad passed (account owner), his wife also passed away. Does the 401k now go to the contingent beneficiaries or does it have to go through probate?
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1 ANSWER

Bankruptcy Attorney serving Huntington Beach, CA at CN Law | Bankruptcy, Divorce
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If your mother did not die within "120 hours" of your father, then it would still go to her as the primary beneficiary. When she passed away, that is just another one of her assets (the inherited-401(k)) that would need to be divided to HER "heirs" or "divisees." ("heirs" for people dying intestate/without a will, "divisees" if she had a will or trust in place).
Answered on Jun 12th, 2023 at 9:12 AM

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