QUESTION
Who do I claim my mother's 401K?
Asked on Jun 15th, 2020 on Wills and Probate - Massachusetts
More details to this question:
My mother passed away without a will. She has a 401K, the company said they destroyed the records. The said I had to file through the court. Is this correct. I called Fidelity and they said they have the records but cannot do anything without the company's authorization.
1 ANSWER
2 Awards
When someone dies without (known) named beneficiary, the 401k passes to the heirs through the estate. When someone dies without a Will, the estate is probated (proven) through an heirship proceeding. Ask a probate attorney who practices in the county where your mother lived and died to help you with this.
Answered on Jun 16th, 2020 at 5:48 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.