Taylors, SC asked in Estate Planning and Probate for Connecticut

Q: Can a 401k and HSA distribution be added to a general estate bank account if there are no beneficiaries assigned?

My brother passed away last year and did not have a will. The case is currently in CT probate court. There is a surviving brother and myself, no spouse, parents or children. I am also the administrator for his probate case. Can a 401K and HSA distribution be added to the established estate bank account since there are no beneficiaries on those accounts?

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2 Lawyer Answers
Steven Basche
PREMIUM
Steven Basche
Answered
  • Estate Planning Lawyer
  • Hartford, CT
  • Licensed in Connecticut

A: Yes, the proceeds from the 401k and HSA can, and should, be added to the estate checking account. Keep in mind, there will be income taxes due on both distributions. Those assets will then be distributed to your brothers heirs as determined by the CT intestacy statute.

Joseph Maya
PREMIUM
Joseph Maya
Answered
  • Estate Planning Lawyer
  • Westport, CT
  • Licensed in Connecticut

A: I am sorry for your loss. To fully address your legal question, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your situation.

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