401k Inheritance After Death

Summary

In Minnesota, if a 401k beneficiary dies without claiming their share and has no will, intestacy laws determine inheritance. Typically, the estate goes to the closest relatives. If the deceased was unmarried and childless, the inheritance may go to the parents. Consulting an attorney can provide guidance on navigating these laws.

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My father passed in January * listing my brother and I as beneficiaries on his 401k savings. I claimed and collected my half, but my brother did not. My brother passed away April * *. My mother, who has been divorced from my father for decades, is now trying to claim my fathers 401k inheritance. Can she do this? I live in Minnesota. Do I need to contact an attorney?
Hi ****! In Minnesota, if your brother didn't claim his share of the 401k and he passed away, his share would generally go to his estate. Your mother, being divorced from your father, likely wouldn't have rights to the 401k unless she is named in your brother's will or is his legal heir.
- Check if your brother had a will.
- If no will, check intestacy laws to see who inherits his estate.
It might be helpful to consult with an attorney to navigate this situation. Do you want assistance in connecting with a local lawyer?
My brother did not have a will. Does this mean the 401k inheritance he did not claim from my deceased father would be inherited by my mother?
In Minnesota, if your brother did not have a will, the intestacy laws apply. According to Minnesota intestacy laws:
- The estate typically goes to the closest relatives.
- If he was unmarried and had no children, it would go to his parents.
- Since your parents are divorced, your mother might inherit his share.
It would be wise to consult an attorney to navigate this situation. Would you like assistance in connecting with a local lawyer?