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Showing content with the highest reputation on 05/08/2014 in Posts

  1. My 2 cents

    Beneficiary Problem

    More questions than answers here: Notwithstanding the fact that the father never put in any sort of claim on the account, wouldn't it be a slam dunk that on or after the death of the mother, it belonged entirely to him? Wouldn't contingent beneficiaries only come into play if the original beneficiary predeceases the account owner? Aren't the contingent beneficiaries out of the picture because in fact the beneficiary did survive the mother so the funds had, all this tiime, unquestionably belonged to him? Whether the registration was changed would seem to be almost irrelevant. She died, he was the beneficiary, ergo the funds belonged to him. Now he has died. What is to be done? Did the 401(k)/ESOP have provisions governing the situation? Despite the lack of any formal claims having been made, it seems that the assets are still being held in the 401(k)/ESOP and they belonged to the father. What does the plan say to do now? Would the funds now be considered part of the father's estate?
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