Legal Question in Wills and Trusts in Texas

401k Benefits

how do i go about retrieving my deceased parents 401k?


Asked on 7/16/08, 10:53 pm

3 Answers from Attorneys
Nicholas Dupre Stone and Associates, LLP

Re: 401k Benefits

Determine who the beneficiary(ies) is and they should distribute to that person. If there is no beneficiary, an affidavit of heirship given to the plan administrator will probably work.

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Answered on 7/17/08, 11:05 am

Re: 401k Benefits

If they listed a beneficiary, then you should contact the plan admin personnel. If not, you will need to initiate a probate action to collect the funds.

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Answered on 7/16/08, 11:04 pm
Cheryl Rivera Smith The Smith Law Firm

Re: 401k Benefits

If there is no designated beneficiary, the plan administrator may accept an affidavit of heirship in lieu of probate.

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Answered on 7/17/08, 8:42 am


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