Check out some similar questions!

danyelle39 · Apr 22, 2012, 04:00 PM

My father passed away October 4, 2010. My Aunt Susan his sister, has let me know that he had a 401k. My father has never paid child support, and was not there for me ever. My question to you is am I entitled to his 401k? I know his ssn# His name is also on my birth certicicate. If there is 401k money and he is no longer on this earth with us, I feel it should go to me his daughter and his grandchildern. Please help me right now I'm in a bad way finanicailly and need help it would be a answered prayer if it were to come my way Thank you kindly

cdad · Apr 22, 2012, 04:07 PM

You may or may not be entitled to any of the 401k. Usually the peron starting the 401k asigns a beneficiary. If you are the one listed then it goes to you. If someone else is listed then it goes to them. If no one is listed then it may go to probate and be distributed according to your states laws.

One way to find out about it would be to contact an old employer. If they were the ones managing the 401k at the time of his death they can direct you as to how to find out.

ScottGem · Apr 22, 2012, 04:20 PM

I moved this from the Emotional Wellbeing forum. Please be more careful in the future about choosing a forum/topic to post in.

As noted, when an employee opens a 401(k) he is required to assign a beneficiary. If you were not that beneficiary, you won't get the money unless the beneficiary has also passed.

Do you know where he worked? That would be the first place to look. Contact his past employers to see if left a 401(k) account with them. Also, who took care of his estate? There may be statements from the 401(k) in his effects. Was his estate probated? Does he have any other heirs?

If there is no surviving beneficiary, then the amount in the 401(k) goes into his estate. To be distributed according to his will or local laws of inheritance. But that also means it may go to satisfying any debts he left upon his death.