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beneficiary of 401k

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M

mamca

Guest
How do I prove I am the surviving spouse and a beneficiary of a 401k?
I live in Colorado, husband died last year and there was no will, no probate proceeding. I was able to get everything through the small estate /simplified probate/.
I am not able to get to a 401K account since the company located in CA did not keep any beneficiary forms and they are asking me for a legal document signed by court -judge, that I am entitled to that account as a surviving spouse.
Can you help me with advice what papers to fill and file with a court, where I can get those forms, does this mean I have to go through the official probate, hire a lawyer? How do I prove I am entitled to that money? There is around 15K in this account. Thank you.
 


A

advisor10

Guest
SEPT. 11, 2001

DEAR MAMCA:

When you filed the paperwork for the "small estate/simplified probate" proceedings, did you file that paperwork at the courthouse just as if there had been a will? If you did, then you should have received official papers, called "letters testamentary" that named you as "personal representative" which means the same thing as "executor", which would have given you the legal authority to claim any assets that belonged to your husband.

Anyway, whether you received these papers or not, you will still have to file a petition to reopen the estate (or open it for the first time if it was never opened before), and yes, you will need to hire an attorney to do this for you. It should be a very simple matter for the judge to provide his signature on whatever documentation you need (a letter, court order, or whatever). It will probably be a simple matter that will take no more than 1 court hearing.

The company really messed up by not requesting the beneficiary form from your husband, but whenever you get the document from the judge, you also need to send the 401k company a copy of the paper that authorizes you to be personal representative, if you ever received that paper.


SINCERELY,

[email protected]
 

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