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Posted

Plan participant died in 2010 and designated beneficiaries were paid out. Executrix of the estate is inquiring about accounts and balances held by decedent as of the date of death. Is there any obligation to provide information to the executrix (other than the information that there were named beneficiaries for the 401K account)? Since there were named beneficiaries is the account includable in the estate assets?

Posted

The glass half full answer is she's being thorough and making sure nothing gets lost. So I'd start w/ a simple letter explaining that disposition of the assets was covered by the decedent's beneficiary designation form in full accordance with the plan document and Federal law and there are no assets that pass to the estate.

The glass half empty answer is she'll contest that at which point you calmly suggest she confer w/ their estate attorney who can perhaps explain it better.

Kurt Vonnegut: 'To be is to do'-Socrates 'To do is to be'-Jean-Paul Sartre 'Do be do be do'-Frank Sinatra

Posted
The glass half full answer is she's being thorough and making sure nothing gets lost. So I'd start w/ a simple letter explaining that disposition of the assets was covered by the decedent's beneficiary designation form in full accordance with the plan document and Federal law and there are no assets that pass to the estate.

The glass half empty answer is she'll contest that at which point you calmly suggest she confer w/ their estate attorney who can perhaps explain it better.

But it's not just about finding money; the executrix may need the info to prepare estate and/or inheritance tax filings. I think she's entitled to it (as per the link to the other thread.)

Ed Snyder

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