Q: How to obtain deceased mother's 401k balance without will in GA?
My mother passed away in Georgia without a will, and I am trying to obtain the balance of her 401k. Fidelity has informed me that I may be a beneficiary, but they are not being forthcoming with information, even though I have provided everything they requested. No probate proceedings have been initiated, and my mother did not have any other assets or property. What steps should I take to resolve this?
A: If your mother named you as a beneficiary of the 401k, the balance of the 401k is not a probate asset, and probate will not be necessary. You will just need to be persistent with Fidelity. If there were no beneficiaries named on the 401k, the 401k is a probate asset, and probate will be necessary. All of your mother's heirs would be entitled to a portion of the 401k. Fidelity will not release the funds until a personal representative of your mother's estate has been named by the probate court. Schedule a free consultation to determine next steps for claiming the funds.
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