OHRoadwarrior
Senior Member
What is the name of your state (only U.S. law)? Ohio/Texas/(Mexico)
Please limit answers to those possessing knowledge, not opinion.
We have had unique issue develop and would appreciate relevant input. My uncle died. He had a Chrysler 401k through Merrill Lynch. He resided in Mexico the last 12 years of his life. He filed his US taxes via a Texas P.O. Box that forwarded his mail to Mexico. His US car and license were registered at my home in Ohio. Due to an attempted fraud near the time of his death, we reported his incapacity and of his login info having been stolen to Merrill Lynch. They were advised any pending transfers were fraudulent. At that time they advised they would freeze the account and it would require a court appointed executor to process the account.
He has passed. An issue has arisen as to what court has jurisdiction to appoint his executor. He was not a resident of standing in Ohio or Texas. An attorney's attempt to resolve this with Merrill Lynch was unsuccessful. The only thing Merrill Lynch would disclose was according to their records there were no named beneficiaries. I believe we can file against the 401k in the state it is administered from, as it is the only asset that required probate. How do we discover where we need to file? Due to the joint party agreement he had forwarding his mail we are unable to change the US address. The party receiving his statements in Mexico will not give them up.
(Yes, I am acting as an agent of my cousin in this. He travels for work 27 days a month.)
Please limit answers to those possessing knowledge, not opinion.
We have had unique issue develop and would appreciate relevant input. My uncle died. He had a Chrysler 401k through Merrill Lynch. He resided in Mexico the last 12 years of his life. He filed his US taxes via a Texas P.O. Box that forwarded his mail to Mexico. His US car and license were registered at my home in Ohio. Due to an attempted fraud near the time of his death, we reported his incapacity and of his login info having been stolen to Merrill Lynch. They were advised any pending transfers were fraudulent. At that time they advised they would freeze the account and it would require a court appointed executor to process the account.
He has passed. An issue has arisen as to what court has jurisdiction to appoint his executor. He was not a resident of standing in Ohio or Texas. An attorney's attempt to resolve this with Merrill Lynch was unsuccessful. The only thing Merrill Lynch would disclose was according to their records there were no named beneficiaries. I believe we can file against the 401k in the state it is administered from, as it is the only asset that required probate. How do we discover where we need to file? Due to the joint party agreement he had forwarding his mail we are unable to change the US address. The party receiving his statements in Mexico will not give them up.
(Yes, I am acting as an agent of my cousin in this. He travels for work 27 days a month.)