Webster, NY asked in Estate Planning for New York

Q: My brother passed away recently and I am not his executor.

My question is that recently I found out that he had a 401K and he did not have anyone listed as beneficiary since I am his only next of kin am I entitled to any of that 401K? I am sure that all his assets will go to probate and then a decision will be made. Thank you.

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2 Lawyer Answers
Michael David Siegel
Michael David Siegel
  • New York, NY
  • Licensed in New York

A: You need to file an administration proceeding. The amount of the 401k governs the type.

Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: If you brother had no wife or children that survived him, chances are your guess is correct - the proceeds are now an asset of his probate estate. If your brother also had no will, most likely you will inherit that account.

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