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my father passed away , he left no will, he lived in florida we are 3 siblings, he left house, small amount of money in checking , funds in 401k, we have agreed to sell house and split funds by 3 my sister states is keeping the money in the bank ,her name and my fathers are on the account and all funds in the 401k as she is listed as the beneficiary. Do we have any recourse for a portion of these funds. Thank You
Asked on May 10, 2018 under Estate Planning, Florida
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
I'm afraid that you have no recourse here. Some funds pass outside of probate and are payable directly to the named beneficiary. And a joint bank account and 401k are such assets. Accordingly, your brother is legally (although not morally) entitled to keep the proceeds.