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This is regarding an ESTATE if the named beneficiary (who is…

Customer Question
This is regarding an...

This is regarding an ESTATE if the named beneficiary (who is not in the will), they have to turn over the 401k assets from the deceased to be dispursed according to the will??

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

VA

Lawyer's Assistant: What documents or supporting evidence do you have?

The legal will I am the executor of the estate

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 7 months ago.Category: Estate Law
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Answered in 5 minutes by:
12/4/2017
Estate Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 38,809
Experience: 30 years experience in the practice of estate law.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Estate Lawyer: Loren, Attorney replied 7 months ago

Any account with a named beneficiary goes to that beneficiary outside of probate. The will carries no authority over such an account and the beneficiary has no obligation to turn it over to the executor.

It belongs to the beneficiary and is not subject to claims against the estate.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Customer reply replied 7 months ago
I was afraid of that. Thank you
Estate Lawyer: Loren, Attorney replied 7 months ago

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

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Estate Lawyer: Loren, Attorney replied 7 months ago

Please remember to leave a favorable rating so that I am compensated by JA for answering your question.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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