Legal Question in Wills and Trusts in Oregon
my sister passed away. she had no will. She had 401k account with no listed beneficiary. My mother was alive when my sister passed away. She made no claim to 401k. My sister was single. My mother has since passed away as well. Do I have a chance to claim 401k since i am her only immediate family member left, or does it get bogged down in probate in regards to my late mother's estate. My mother had no assets or pending bills. She was living in a California asisted retirement home until she died. Can I just make a claim for the 401k stating that I am the only immediate family menber left and could I be entitled to the 401k funds?
1 Answer from Attorneys
If your mother had no assets, then her will need not be probated at all.
Where did your sister live? I assume in Oregon. If so, upon death without a will, her assets were inherited by her parents. Assuming your father is dead, that means your mother. If your mother died without assets (other than the 401k account) and you are her only surviving immediate family member, then you are entitled to the 401k account. Contact the bank (or other financial institution) where the 401k is located. Explain the situation in writing. They will send you a form. Fill it out and probably attach death certificates for your sister and mother.
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