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    gmasbaby4ever's Avatar
    gmasbaby4ever Posts: 4, Reputation: 1
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    #1

    Aug 19, 2016, 08:10 AM
    Does my grandmother have rights to my grandfathers 401k or ira?
    My grandfather died in 2009 my grandmother was still married to him but they were separated grandmother said he had an ira but we cant find it he had no will no probate where he lived in Kentucky... is there anyway I can find this ira I tried getting a hold of payroll the benefits department I tried everything I can think of please help her
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
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    #2

    Aug 19, 2016, 08:15 AM
    A 401(k) is a company benefit run by the company. If he had one with his company they will have a record. What did the benefits department tell you?

    An IRA, on the other hand, is an account that can be held in ANY financial institution. So it could be anywhere. I would check with the banks he used to see if they have an account listing. Also check with the State of Kentucky. After 7 years, dead accounts are "escheated" to the state.

    In either case, the funds would go to the listed beneficiary.
    gmasbaby4ever's Avatar
    gmasbaby4ever Posts: 4, Reputation: 1
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    #3

    Aug 19, 2016, 08:19 AM
    I think she is the benificiary but she moved
    We have no way in knowing any of this . He also had a refund from ford company that the state of Kentucky is holding and they want her to open a probate in Kentucky she can not make that drive and we cant pay for lawyer to do it for us anyway around this or to find a will
    gmasbaby4ever's Avatar
    gmasbaby4ever Posts: 4, Reputation: 1
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    #4

    Aug 19, 2016, 08:27 AM
    There was no will
    There was no will so we have no way of knowing if she was the beneficiary .she is sick so she cant make the drive to Kentucky where He lived to open a probate. And cant afford a lawyer . Anyway around this ? I do know state of Kentucky has money but its not the 401k They have a refund from the ford company .
    gmasbaby4ever's Avatar
    gmasbaby4ever Posts: 4, Reputation: 1
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    #5

    Aug 19, 2016, 08:33 AM
    Asking for grandmother
    There was no will no probate but the state of Kentucky has money from a refund from the ford company . They said she will have to open a probate after they told me to send her information she can not go to Kentucky to open probate she cant make the drive then we called lawyer in Kentucky and we cant afford for the lawyer to get it . I do believe that he left her with everything and his family is being sneaky everything I know he had is still in his name... if he left it to them it should be in their name right? So what should we do now ?
    Curlyben's Avatar
    Curlyben Posts: 18,470, Reputation: 1857
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    #6

    Aug 19, 2016, 08:44 AM
    Rather than starting new threads with each response, please keep everything here.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #7

    Aug 19, 2016, 09:19 AM
    If he left it to them... why would it have been in their names... unless he gave it to them before his death.

    Believing something isn't enough.. it would have to be proven. If she was listed as beneficiary, she is entitled to it, assuming he didn't die with any debts that probate would have to pay before anyone got anything. Without hiring a Lawyer, and without going there, you are screwed. The laws of Kentucky are the ones that are in effect with how this is handled, there is no "way around them", they have to be followed. Has an executor been appointed? I'd find that out first.

    Pay special note to this one....spouse is only #4 on the list.

    http://www.lrc.ky.gov/statutes/statute.aspx?id=36130

    These are all or most of them.
    Kentucky Revised Statutes - Chapter 391
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Aug 19, 2016, 11:40 AM
    IRAs and 401(k)s are not necessarily part of the estate. Generally, they have a named beneficiary set when the account is opened. The proceeds of the account then go to the named beneficiary. No will or probate is needed. Simply proof of death and the identity of the beneficiary.

    The refund from Ford was probably made out to the Estate of <Deceased>. To accept that check an executor needs to be appointed by Probate court and an account setup for the estate. This will not be necessary for a 401(k) or IRA.

    I've told you how to find out if there was a 401(k) or IRA. You didn't answer what the Benefits Dept said.

    Please post a reply to this thread rather than starting new questions.

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