Legal Question in Wills and Trusts in Utah

My Daughters Father committed suicide on Aug 4th 2013 and his parents say they will get his 401K money since he didnt name a benefactor and my Daughter is a minor, is this correct?

Asked on 9/18/13, 10:40 pm

1 Answer from Attorneys

Randy Lish Randy M. Lish, Attorney at Law

Any funds in an account without a named beneficiary must go through probate in order to distributed. This includes IRAs and 401Ks. Mom and Dad are wrong--they will only get a distribution through the probate process, and only if they are the nest in line pursuant to state statute..

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Answered on 9/20/13, 8:43 am

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