Legal Question in Wills and Trusts in Massachusetts

my fther passed away and had a 401k. His job stated that he has no beneficary on file. The company that holds his 401 stated that the monies would go to his childern. That would be me and my siblings. The company sent me the paperwork to fill out for the monies but his employer is not signing the forms to release the monies. What can i do ?


Asked on 10/20/09, 11:30 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

You should bring the paperwork to an attorney to be reviewed. Any number of things could be going on here.

If there are no beneficiaries listed, then the benefit will pass to the deceased person's estate, and then distributed either according to his will or the laws of intestacy. If you have not yet probated his estate, you should do so as soon as possible. Please do not hesitate to contact my office if you would like some assistance.

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Answered on 10/26/09, 9:55 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

I agree. Usually if there are no beneficiaries, it become part of the estate.

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Answered on 10/26/09, 1:26 pm


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