Legal Question in Wills and Trusts in New York

Brother lived with me and I took care of him he passed with no spouse or children no will or beneficiary named I am his closest relative he was collecting from his 401k am I entitled to that if so what do I need to do to get it new york

Asked on 3/19/23, 12:21 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Depends on who is named beneficiary of the IRA. You should call the fund. If no one was named, you must file a probate petition with the Surrogates Court in the county where your brother lived in order to Administer the estate. Good luck.

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Answered on 3/19/23, 12:31 pm
Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of your brother.

You may be entitled to inherit the remainder of the IRA. Call the bank or insurance company or whomever is administering the IRA, and ask if he had a beneficiary named on the account. They probably won't tell you, but many times it depends on who answers the phone and if they believe who you are. They may ask for a death certificate, so be prepared with that.

Good luck.

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Answered on 4/13/23, 7:27 pm

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