What are my rights if my dad passed away recently and now my brother says that he’s taking my dad’s 401k and most of his stuff?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if my dad passed away recently and now my brother says that he’s taking my dad’s 401k and most of his stuff?

My dad didn’t have a Will so my understanding is that everything gets split 50/50. What rights do I have and under what circumstances could he take it all?

Asked on June 1, 2015 under Estate Planning, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Without a Will, your father's estate should be equally divided among his rightful heirs; in this case that would be you and your brother. So any assest of the estate is 50% yours. That having been said, a 401k is not consuidered to be an estate asset and passes outside of probate. Only the designated beneficiary of the 401k has rights to it. If no beneficary was designated, then it will go into your father's estate. Bottom line, your brother may have rights to the 401k if he was the only name listed as the beneficiary. At this point, you should consult directly with an attorney in your area.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption