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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My father recently passed away and was the beneficiary of s

Customer Question

My father recently passed away and was the beneficiary of his wife's 401k (in FL). She set up a trust (which I am the trustee) for other assets. I also have both their wills and am the only beneficiary as well. I am also listed as my father's personal representative. I am waiting to find out if he submitted the contingent beneficiary paperwork for the 401k and have been told that if he did not that my brother would be eligible for half of the 401k and the will would not apply ("pay per hierarchy") to ERISA. The will specifically acknowledges my brother and that he is to receive nothing. What do you recommend I do...I was told if my brother could not be located the money would just eventually go to his (my brother) estate. Is there anything that a lawyer can do to see my father's wishes fulfilled (making me the sole heir of the 401k)? Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But I do not understand your specific question. Do you have a specific question regarding this?