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Submitted 693 days ago...

TinCan116

TinCan116

New User (2)

Who has legal right to the 401K of a deceased person?

Who has the legal rights to the 401K of a deceased person? The beneficiaries named years before on the 401K or the person named in a current Will who was suppose to get it?

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Answer 1 / 2 - Submitted 692 days ago...

Reader

Reader

Brain (7,972)

A 401(k) is not part of the probate estate -- it is not controlled by the will. If the decedent had wanted someone else to get the 401(k), the beneficiary information should have been updated.

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Answer 2 / 2 - Submitted 324 days ago...

landocheese

landocheese

Expert (825)

The plan administrator would have a beneficiary form on file if one was submitted that would dictate the disbursement of the plan assets. If that exists, that is the form that decides the beneficiary or beneficiaries.

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Who has legal right to the 401K of a deceased person?

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