Legal Question in Wills and Trusts in Washington

401k account

My father is deceased. He had a 401k account that had no beneficiaries listed on it. There is only my brother and I as heirs. He had a girlfriend that had durable power of attorney and was listed in the living will (he had no regular will). The company that the account is with told me that they need a tax id number and the executors name before they can dispurse the account. I tried to explain to them that there is no estate nor tax id number. He did not have a lot of money or possessions so there was not a need for it. I have asked them if an affidavit of death and heirship would be sufficient but i have not received a reply yet. I also spoke with the lawyer that setup the living will and he told me that it would cost me 4k to go through probate. One other thing complicating things is that he lived in WA and i am in KS. Any suggestions would be appreciated. Thanks,


Asked on 9/13/07, 2:53 pm

2 Answers from Attorneys
Bruce Busch Bruce R. Busch, Attorney at Law

Re: 401k account

You can probably get it with an Affidavit in Lieu of Probate, assuming the total amount is less than $100,000. Regardless, it would be a simple probate and more like $1,500-3,000 but you should be able to avoid that with the Affidavit in Lieu of Probate at a reduced cost if an attorney assists you. Because it is an unusual form to out of state entities, it might take some time for them to "process" it though. This is all assuming the girlfriend is not making some claim on the property.

Remember, I'm an attorney but I'm not YOUR attorney. Only a thorough review of your situation by a competent attorney after an attorney-client relationship has been established will result in an informed legal opinion.

Read more
Answered on 9/13/07, 5:29 pm
Elizabeth Powell ELizabeth Powell PS Inc

Re: 401k account

I agree with Mr. Busch. If your father did not own real property and his total estate was less than $60K, you can get letters testamentary with a death certificate and you don't need to open a formal probate.

I have no clue why a Washington attorney would quote you $4K for this, that is absurd. Washington has a simple, streamlined probate process, and an even simpler process for small estates.

You need counsel in the county where your father was domiciled at the time of his death. Avvo.com may help you locate an attorney you can work with.

Hope this helps. Elizabeth Powell

Read more
Answered on 9/14/07, 8:36 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Washington