Legal Question in Wills and Trusts in Illinois
My father-in-law passed away and had told his 3 sons they were to receive his 401k. He was living with his girlfriend for 20 years and 7 months before his death they married. How can we find out who is listed as the beneficiary of his 401k? And would she have had a to sign a waiver for them to receive anything? There was no will, do they have any other rights to his estate?
2 Answers from Attorneys
No waiver that I know of. If they have no idea where he had his 401 k, perhaps they can get a look at his tax returns, there may be info on there. Other wise, they may have to open an estate in order to obtain that information.
If you know which financial institution administers the 401K, call them and ask if you are a beneficiary. If so, they will tell you what you need to cash in on your interest. If not, they will probably tell you that you have no claim to the 401K.
Your father-in-law's last employer probably knows where the 401K is being held if you don't.
If there is no Will, your father-in-law's children have rights to property depending upon how that property was held (e.g., if it was held solely in his name and did not have a beneficiary designation). There's little more that I can say without speaking with you further. Feel free to call me for a free consultation.
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