Legal Question in Wills and Trusts in New York

My brother lived with me and I took care of him he passed and has no spouse or children he was collecting from his 401k am I entitled to that and if so what do I need to do

Asked on 3/18/23, 8:37 pm

1 Answer from Attorneys

Walter LeVine Walter D. LeVine, Esq.

If he named a beneficiary to the plan the beneficiary gets it. If there was no named beneficiary it goes as his Will specifies. If there is no Will he died “intestate” which simply means without a Will. NY intestacy then controls how his estate passes. If you are the closest living relative (no parents or other siblings) you get it.

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Answered on 3/18/23, 9:58 pm

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