Legal Question in Wills and Trusts in New York

My sister passed away about 3 months ago and several times prior to her death she informed me that she put me down as beneficiary on her stocks and 401k accounts. My sister is married but they both had seperate retirement accounts. She always told me that they have seperate accounts in regards to savings and stocks.

She also told my brother that she had a will and brother in law says she didn't. I haven't spoke with him about this because we are still grieving. How do i find out if i'm the beneficiary to any of her assests.


Asked on 8/05/10, 2:55 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

I am not sure how she held her stocks, individually or in a brokerage account, so I cannot help you with this. 401k is usually through her employer and their HR person should be able to inform you who was her beneficiary. Usually, unless a spouse consents, the spouse is the first in line to be a named beneficiary on the 401k account. Separate accounts do not mean anthing, the law proviedes for the spouse. If the stocks were owned beneficially by her alone, and not in a joint account with her husband, you could check with the Surrogate in the County where she resided at her date of death, to see if any probate proceedings have been initiated, Will or administration. Unless you have an original Will that can be probated, you cannot usually top a spouse on inheritance. This is a response to an Internet question and the resp;y is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 8/11/10, 9:49 am


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