Weatherford, TX asked in Estate Planning and Family Law for California

Q: My son had 1 years worth of 401k from employer when he passed away along with debt. As next of kin do I pay all bills?

California residents

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1 Lawyer Answer
Howard E. Kane
Howard E. Kane
  • Estate Planning Lawyer
  • Oakland, CA
  • Licensed in California

A: I am so sorry to hear about your son's passing. Did your son designate a beneficiary for his 401K? Was that his only asset? If so, the 401K should pass directly to his named beneficiary, and it would be difficult for creditors to levy that asset. Notice to the creditors of your son's passing accompanied with a copy of his death certificate could result in the cancellation of his debt.

James R. Dickinson agrees with this answer

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