ANSWERS: 6
  • Can i ask if your father died without making a will how come his long time girlfriend is getting the money i thougt it went to the next of kin?
  • As rule when a parent dies without a will, it usually goes to the siblings equally, unless contested. The girl friend can also contest it and tie it up in probate court. In most cases the lawyers are the winners after lengthy battles in court. Best thin to do is consult with a GOOD estates lawyer.
  • I would be getting the legal eagles together and doing this like adults. 1) did your father live with this long-time girlfriend all these years? If so, then you have to admit she deserves something. She is like a spouse. 2)let us hope that she, too, acts like a human being. If so, then don't go through the courts. Divide the money five ways, and be satisfied. If you go through the courts, you will all end up with nothing.
  • I assume he declared her as a beneficiary when he set up the 401k? If there was nothing on paper about her receiving the 401k upon his death, it would have gone to his next of kin, not his girlfriend. I don't really understand why people get so worked up over not getting some sort of inheritance. Why should you get anything from a deceased relative? I can understand if they had one possession that meant a lot to you, such as a ring, watch, portrait, teapot - whatever - to want that item for sentimental reasons. But to want money? I don't get it. You're the only one who can determine if it's "worth it" to fight the distribution of his assets. I wouldn't.
    • mushroom
      Generally, banks will look at the named beneficiaries on the account before looking at any directions in a will. It does seem as though a spouse/partner given access to the account could change this in their favor, but that's going to be a difficult case to bring to court without a will.
  • For your dad, its worth the fight. Unless she is left as the beneficiary on that 401k. Either way it would be worth the fight for me. Usually if you dont have a will i believe the money goes to the next of kin. Have you talked to a lawyer yet, if not I would advise that first and then go from there. A long time girlfriend is not his wife or blood relitive that money should go to his children. Thats usually what happens to 401k's if you dont make it to retirement or have not used it all. Why would your dad do that is my question. My daughter is 5 and she is the beneficiary on everything i have, my sister is the co-beneficiary in case i die before she turns 18 or something bad happens to me.
  • If he didn't have a will that means you get just about everything else as his daughter. Don't be greedy.

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