my dad died 10 years ago and my uncle keep getting letters stating his 401k has been rolled over.my uncle juts contacted me and stated he think their is some money in a 401k that my farther had and i should check it out.after 10 years is it possible?since i am the daughter can i get the money now.also my dad had money in a credit union.after 10 years can i get that money also?all this is just comming to my attention by my uncle.please advise and thank all in advance
2006-08-28 09:01:48 · 12 answers · asked by sjcstreamwood3@sbcglobal.net 1 in Business & Finance ➔ Investing
Maybe, although since Bush as just signed a law stating you can, it probably means that there was a cash out (which means the 401K was not earning or losing money all this time). If it was rolled into an IRA, it still might have the same rules as the 401K. If it was rolled into a Roth Ira and had your name attached to it then it's positively your claim and you have always owned it even though you might not have known about it (that was one of the benefits of having a Roth).
You will need the death certificate and then call the credit union on their policy.
2006-08-28 10:39:03 · answer #1 · answered by gregory_dittman 7 · 0⤊ 0⤋
What has been going on with that money in the last 10 years? Were you named the beneficiary on your father's 401 K plan? Did he have an estate created when he died? Have these things been held in trust for you until you were a certain age? Is your uncle your legal guardian? There are too many questions involved in this. You should see a lawyer for help in sorting it out.
2006-08-28 09:05:27 · answer #2 · answered by MOM KNOWS EVERYTHING 7 · 0⤊ 0⤋
You will first have to find out who, if anyone, is listed as a beneficiary on the 401k. If none, and if the money has not been turned over to the state where your father lived, you will have to get an Estate set up, get the money transferred to the Estate and find out if there was a will. If not, you will need legal assistance. First to set up the Estate, second to get named Executrix, third to find out if there are any other potential heirs or claims against the estate.
2006-08-28 09:09:29 · answer #3 · answered by regerugged 7 · 0⤊ 0⤋
It sounds kind of odd your uncle has told you after all these years.
You should contact the 401(k) plan administrator, it is the beneficiary form that indicates the beneficiary, typically not the will. And in ten years it may be likely that the current recordkeeper may not be the same one as last year.
2006-08-28 09:27:47 · answer #4 · answered by kcincon 3 · 0⤊ 0⤋
Most 401K will have you list a beneficiary. Who is your uncle getting letters from? Did you dad have a will? You should talk to a lawyer.
2006-08-28 09:07:58 · answer #5 · answered by kat 7 · 0⤊ 0⤋
Who was the executor of your father's estate? By law the executor is supposed to notify all parties holding either assets or debts of the deceased, settle the debts, and then distribute the assets to the heirs. Ask your uncle who was the executor, and if he doesnt know go to the probate court in your town or city, and ask them to provide you with the name.
2006-08-28 09:05:47 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I'm not a lawyer, but it sounds like he would have had to leave some kind of provision in writing stating you would receive the money?
2006-08-28 09:04:52 · answer #7 · answered by *babydoll* 6 · 1⤊ 0⤋
Get a copies of his death certificate, take them to where they are at , the bank, etc. If there was a will good idea to take that also, it might say something about those in there. . they will tell you what to do and how to get it. Good lluck. Pem
2006-08-28 09:06:43 · answer #8 · answered by Patricia M 4 · 1⤊ 0⤋
if your dad had no beneficiary on any of this and you are the only surviving child and his wife is deceased then yes the money is yours
2006-08-28 09:07:30 · answer #9 · answered by sclady62001p 5 · 0⤊ 0⤋
Yes, if you are his legally child. The answer is yes.
2006-08-28 18:32:17 · answer #10 · answered by Hoa N 6 · 0⤊ 0⤋