Check out some similar questions!

Gmez1327 · Mar 4, 2012, 06:28 PM

401k question

My sisters husband passed away a little over a year ago. After more than 10 years of marriage, he overlooked naming her the beneficiary of his 401K plan. Who is entitled to it if no one was named as the beneficiary. They reside in the state of Connecticut.

JudyKayTee · Mar 4, 2012, 06:36 PM

The plan should address this situation - it "probably" will go to his Estate.

ebaines · Mar 4, 2012, 06:46 PM

First - are you absolutely sure that no beneficiary was named? This is highly unusual, as most plans REQUIRE you to name a beneficiary when you enroll in the 401(k) plan. Have you (or your sister) received confirmation from the 401(k) plan administrator that this is the case?

If in fact there was no beneficiary named then the account is considered part of his estate, and is distributed to heir(s) in accordance with his will. If he had no will (he died intestate) his estate is distributed to heir(s) as mandated by state law - typically 1/2 to spouse and 1/2 to children (if any).

Gmez1327 · Mar 4, 2012, 06:59 PM

According to my sister, he had the 401k prior to their marriage. He died a week prior to their 10th year anniversary. He had no will. He has no children. He has living parents, brother and sisters.

Fr_Chuck · Mar 4, 2012, 07:27 PM

It is very possible that the plan had someone else named as the beneficiary, they almost always require one to be named when you open it up. So has she contacted the Admin company for the 401K and notified them of his death ?

Has she talked to them about this account ?

It may be his parents, a ex girl friend, if he had them named. But if no one is named, it goes to his estate and will be settled by rules of the probate

Gmez1327 · Mar 4, 2012, 07:59 PM

Not sure if she contacted the admin company, but will check. Thank you

ebaines · Mar 5, 2012, 06:34 AM

Originally Posted by Gmez1327

According to my sister, he had the 401k prior to their marriage.

I would bet that he probably named either his parents or siblings as the beneficiaries when he enrolled in the plan. I'm curious as to how this turns out - please do let us know what your sister finds out when she contacts the plan administrator.

JudyKayTee · Mar 5, 2012, 08:26 AM

My estate is "automatic" on my plan. A specific beneficiary, of course, can be named but if one is not...

Not saying this is how it works in all cases but I've seen it.