It’s Been 15 Years and My Deceased Sister’s 401(k) Still Isn’t Settled. What Gives?

The sudden, premature demise of a sibling is always a tragic event. Still in the prime of life, possibly only recently married, looking forward to the prospects of wedded life, having children, and raising a family – all cut short by death. Given the deceased’s young age, the chances of there being a will is infinitesimal. Communication breakdowns with widowed spouses who want to get on with life can often leave family related affairs in limbo for many years. If or when some forgotten estate matter from the past arises unexpectedly, health and other issues of the beneficiary of record can present additional challenges.

A Sister’s Ghost Returns

A Reddit poster whose family found itself in a dilemma under the above circumstances was seeking advice. He explained the background events first:

• His sister suddenly and tragically passed away only 3 days after her wedding in 2009.. 
• The groom, who found himself now to be a widower, was a foreign national.
• The sister had a 401-K account with $25,000 in 2009. The 3-day foreign born husband-turned-widower was the beneficiary. 
• In 2010, he decided to return to his native country, and informed his late wife’s family and brother that he had decided he didn’t want anything to do with any money she had left to him, but offered no further documentation and ceased all communications.

15 Years Later – the late sister’s father receives a surprise letter.

• The company managing her 401-K account has now reached out to the father, now age 80, notifying him that he is the beneficiary of record on the account.
• The company is requesting a copy of his daughter’s death certificate to start the claims process.
• The assumption is that the late sister’s husband either informed the company that he was not interested in the account or he could not be located. Either way, this defaulted to the next named beneficiary, who is the father.
• The father himself is showing early signs of dementia, and the mother passed away several years ago.
• The poster wants to find out the value of the 401-K account before seeing if it is worth putting the father through the emotional trauma of revisiting his daughter’s death, as well as whether or not his mental capacity can create additional problems. 
• Although the poster or his parents did not have any pressing need for funds, a grand-nephew had a potential requirement down the road. 

Streetwise Advice

The Reddit responses came from a variety of perspectives and included excellent advice from people who identified themselves as attorneys, retirement benefits executives, and other professionals. The suggestion tips that stood out were:

Beware of Scams: Many marketing database lists identify the potential prospects by address and age, among other categories. The elderly are particularly vulnerable to financial scams by the unscrupulous. The plot of Jason Statham’s hit action movie, The Beekeeper (2024) is predicated on a phishing scam operation stealing the bank accounts of elderly victims online, that connects to further corruption at high political levels. 

At the very least, the poster was advised to do some proper due diligence to verify the legitimacy of the company purporting to be managing the 401-K account.

Keeping Things in Writing:  Some noted that if they had only been married for 3 days, it is very likely that the sister had not yet changed the beneficiary name from the father to that of her new husband. In order to avoid the awkwardness of having to get the father involved directly, several advised the poster to draft a reply for the father to sign, requesting a statement and including the sister’s death certificate, and to send that to the company, along with a change of title instructions.

Durable Power of Attorney; JTWROS: Several advised the poster that he should get a durable Power of Attorney for his father’s affairs while he was still mentally competent, in case other matters arose later on. Establishing name changes on the father’s accounts to Joint With Rights Of Survivorship with the poster or any other siblings should also be conducted so that there would be no issues with any significant financial assets upon the father’s eventual demise. As the Power of Attorney would become invalid when the father dies, the JTWROS status of the accounts allows them to avoid probate issues. 

Although handling matters dealing with previous and future deaths can be unpleasant and emotionally wrenching, the better that families can plan ahead to ensure affairs are handled in accordance to the wishes of elders while avoiding government legal intrusion, the easier it will be later on.

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