Colorado  |  Wills and Trusts

Legal Question

Asked on: 8/11/13, 2:26 pm

My husband died 07/09/2012. He had a will. The will was not probated through court as the affidavit option was utilized as permitted by Colorado Probate options. He was employed and enrolled in the 401(a) Optional Retirement Plan, carried by TIAA-CREF. He failed to enter any beneficiary when he filled out his paperwork for this retirement account. I have tried to claim these funds, but was told because he had no named beneficiary the money must go to the personal representative of the estate. There is no personal representative, as the will never had to be probated through court. They keep insisting, it's a vicious circle. What does CO law state is the proper distribution of these funds when there is no listed beneficiary and no personal representative? Thank you so much.

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