It’s Been 3 Years Since My Father Passed. His 401(k) Is Still Out of Reach

Photo of Maurie Backman
By Maurie Backman Updated Published

Key Points

  • It’s not a given that you’ll inherit a parent’s 401(k).

  • Have beneficiary conversations while your parents are alive so there are no issues getting your inheritance.

  • Consult an attorney if you feel you’re being denied assets you have the right to.

This post may contain links from our sponsors and affiliates, and Flywheel Publishing may receive compensation for actions taken through them.
It’s Been 3 Years Since My Father Passed. His 401(k) Is Still Out of Reach

© Upset frustrated young man reading bad news in postal mail letter paper document sit at home table, depressed stressed guy worried about high bill tax invoice, overdue debt notification money problem (Shutterstock.com) by fizkes

Losing a parent can be a tough blow. But one thing that can make things even harder is having to fight to get your hands on the assets you know they would’ve wanted you to inherit.

This Reddit poster seems to be in that unfortunate situation. Their father passed away and left a 401(k) plan behind. But they can’t get the institution holding that 401(k) to release the funds.

Worse yet, because they don’t have access to that account, they don’t have a way to even know how much it’s worth. So they’re not sure if it even pays to hire someone to help them get the money out.

I really feel for this poster, because it’s hard enough losing a loved one. They shouldn’t have to go through a huge hassle to get their inheritance.

That said, with better planning, this situation could’ve potentially been avoided. And it’s one everyone should take a lesson from.

It’s important to plan ahead

Accounts like 401(k)s allow holders to designate a beneficiary — someone who will inherit the account upon their passing. It’s generally possible to designate more than one beneficiary.

In this situation, had the father listed their child as the beneficiary of their 401(k), they’d perhaps not be in this frustrating situation.

Now if there’s no beneficiary listed on the 401(k), the next best bet is probably to see what the father’s will said. If the will listed the child as the primary beneficiary of the estate, that could make it easier to get access to the 401(k). But if the father never had a will, it introduces a whole new layer of complication.

That’s why estate planning is so important. Without taking the proper steps, anyone could wind up in a situation like this where a child should inherit assets but can’t get their hands on them.

Have open conversations

Of course, here, the child is operating under the assumption that they have the right to their father’s 401(k). That may be a correct assumption — meaning, that may be what the father would have indeed wanted. Or it may not be. It’s unfortunate that they can’t go back in time and have that conversation.

So there’s a lesson to be learned from all of this — have open discussions about inheritances as a family. It’s not a comfortable topic to discuss, and there’s really no getting around that. But having those uncomfortable conversations could spare someone a world of aggravation and heartache later.

It’s also a good idea to sit down with a financial advisor and estate-planning attorney as a family. These professionals can help you map out a plan so that assets are transferred according to everyone’s wishes.

For now, the poster above may have to consult an attorney if they’re being stonewalled by the financial institution holding their deceased father’s 401(k). An attorney should be able to tell them what information they need to provide to get that money released, since it clearly can’t benefit an account holder who’s no longer around.

Photo of Maurie Backman
About the Author Maurie Backman →

Maurie Backman has more than a decade of experience writing about financial topics, including retirement, investing, Social Security, and real estate. Her work has appeared on sites that include The Motley Fool, USA Today, U.S. News & World Report, and CNN Underscored.

Featured Reads

Our top personal finance-related articles today. Your wallet will thank you later.

Continue Reading

Top Gaining Stocks

CBOE Vol: 1,568,143
PSKY Vol: 12,285,993
STX Vol: 7,378,346
ORCL Vol: 26,317,675
DDOG Vol: 6,247,779

Top Losing Stocks

LKQ
LKQ Vol: 4,367,433
CLX Vol: 13,260,523
SYK Vol: 4,519,455
MHK Vol: 1,859,865
AMGN Vol: 3,818,618