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Richard, Attorney
Category: Legal
Satisfied Customers: 55454
Experience:  Attorney with 29 years of experience.
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Hi, I have a question to ask on behalf of my mother. My father

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Hi, I have a question to ask on behalf of my mother. My father passed away last July with a very large amount of medical bills (some of which were already in collections before he died). He did not have a will and the only money he had was a few thousand dollars in a 401k. My mother (who has her own bills in collections as well and is having her wages garnished for them) has filled out the necessary paperwork and is waiting for a check to arrive with the money from his 401k. We are wondering if the collections agencies would be able to take the money from the 401k for either my father or my mothers collections? If so, would they have to go threw the courts to do so?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Is your mother the named beneficiary of the 401k?
Customer: replied 4 years ago.

Yes, she is the named beneficiary.

I'm so sorry for the delay....I had an emergency this morning. I apologize for any inconvenience.

As long as she was the beneficiary, the proceeds go directly to her and are not probate assets. Thus, these proceeds are not considered part of her husband's estate and thus the creditors cannot pursue your husband's estate itself. And, Indiana is not a community property state. And, the creditor can also look to your mother, including the 401(k) proceeds that go to your mother, because if spouses never resided in a community property state, and only one spouse has the debt, then the signatory-spouse is the only party liable for the debt. The other spouse, being the non-signatory spouse, does not share in such liabilities of the signing spouse.

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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!
Thank you also for the bonus! I appreciate your kindness!