My sister and I are heirs to the estate of our deceased older sister. Our sister did not designate a beneficiary to her 401k account so it falls to the estate. The check we received is made out to the estate along with C/O attached to our two names. Does this check designate us as beneficiaries?
No. It merely delivers the check, payable to the estate, to your care. You must open an estate through the court in a formal or informal proceeding and then, with an EIN number for the estate, open a bank account for the estate. The court-appointed personal representative can then pay the estate's debts out of that account and write checks for the remainder to the heirs.
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.
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