QUESTION

do i have a right to my mothers 401 whom passed away in may 2019 my step father was her beneficiary but he passed away in the 90's & she never changed

Asked on Aug 18th, 2019 on Wills and Probate - Florida
More details to this question:
am i entitled to my mothers 401
Report Abuse

3 ANSWERS

Estate Planning Attorney serving Miami, FL
2 Awards
  There is a good chance that under the rules of the 401(k), a beneficiary has to survive the deceased and, if not, the estate of the deceased is the beneficiary.   This would mean that you need to open a probate estate for your mother, and the money would flow according to her will or, if there was none, in equal shares to her children (if she died without a spouse), after payment of administrative expenses.   You need to first check with the people who administer the 401(k).
Answered on Sep 02nd, 2019 at 1:08 PM

Report Abuse
Estate Planning Attorney serving Miami, FL
2 Awards
  There is a good chance that under the rules of the 401(k), a beneficiary has to survive the deceased and, if not, the estate of the deceased is the beneficiary.   This would mean that you need to open a probate estate for your mother, and the money would flow according to her will or, if there was none, in equal shares to her children (if she died without a spouse).   You need to first check with the people who administer the 401(k).
Answered on Sep 02nd, 2019 at 1:07 PM

Report Abuse
Wills Attorney serving Austin, TX
2 Awards
No.  If there was no contingent beneficiary and your stepfather predeceased your mother, her 401k will pass to her estate.  After her debts are paid you may receive some monies if you were named in her will or, if there was no will, are an heir at law.  Her estate must be probated.  
Answered on Aug 19th, 2019 at 5:16 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters