I Need Your Help SRK!


#1

So back in September of 09 I ended up losing my mother to breast cancer and was probably one of the worst days in my life because it was just so sudden.

She never had any kind of life insurance or anything that would allow her to send anything to me or the rest of her children, nothing except for maybe some of her belongings, this was also part because of how much debt she was in.

Now however, towards the end of October of 09 I had received a call from my aunt telling me that there was in fact that my mothers 401k was going to go to three beneficiaries, myself included, and that I could expect to receive it sometime late November because it was being worked on, but wasn’t fully complete before she had died. After about 2 months of not getting any checks, letters, phone calls or anything, I decide I should contact my mothers work to get some more information about the situation. After contacting them about two weeks before Christmas, I was told that some forms would be sent out to me to fill out and return so that we could get this all underway so I could get the check ASAP. And it was at this time my car decided to just start falling apart so that 401k would do a world of good.

I send in all of the information back and ask when I can expect to get the check, and I get told it should take about 2 weeks, but about 3 at most. They simply have to send it in, takes 5-7 days to process, and then the check gets sent over to me.

However, well after a month of sending in the information I still have yet to receive a check, so I once again decide to contact the company and try to find out what was going on. I was told that yeah, the information was sent back on the first week of January, and at that point that is when the processing takes place, so I should have expected the check by now, but just keep looking in the mail for it.

Another week passes and nothing, so I once again contact them and try to see what the hold up is. At this point, I get told that they just spoke with the individuals that were supposed to send out the check and tell me that they need information from all three beneficiaries and completed before they can process and mail out the checks, otherwise if they cannot get that information, the checks can be held indefinitely.

The problem with this that my sister, whom is one of the beneficiaries, has a mental disorder, and after my mom had passed on had been moving from place to place and had not stayed at a current location for more than a month since then. And apparently this can be a problem.

But after telling this to a few people, they are saying none of this sounds right, and that they are probably just trying to give me the runaround. So at this point I’m just trying to figure out what the best thing to do is. Most people are suggesting maybe getting an attorney to speed up the process because from what everyone is saying “it should not have taken this long.” But plenty of things have already happened in which point I’m not sure if I would want to have to get an attorney due to fees and what-not. Every little bit of that 401k will help me out.

But what I’m trying to figure out is there possibly another option I’m not exploring. Something I’m missing? Or am I simply that screwed to where I’m forced to either wait or get an attorney?


#2

First, I’m sorry for your loss.

Second, this is your deceased mother’s estate and belongings we’re talking about right? How is getting an attorney involved not your first option and why the fuck are you asking a bunch of strangers on an internet forum for help?


#3

I agree with the post above


#4

Yeah, I think the first step is definitely talk to a lawyer…I think you need to figure out a way to have your sister sign power of attorney to YOU so you can control what happens.

This will be next to impossible without a lawyer who specializes in this stuff.

And I’m deeply sorry for your loss.


#5

It’s pretty much just the 401k at this point. Everything else has been taken care of.

But the main problem is that the money overall isn’t that much, and then on top of that it’s split 3 ways. I understand that going with a layer is obviously the best way to go, but I also do not want to have to worry about attorney fees and what-not being taken out of what little I’m getting in the first place. It’s mainly because money is getting pretty tight and every little helps and was thinking that maybe…just maybe there were other options that I couldn’t see besides getting a layer.


#6

these kind of things are usually handled best by a letter from an attorney. any non fuck will write this for you for about a hundred bucks. if it becomes a probate issue, then you probably would do well to put him on retainer. i don’t know a lot about inheritance, but i know about 401ks. so if you want any specific information, pm me.


#7

I’m sorry for the loss of your mother and I feel even worse for your sister. You seem to be at least living somewhat stable so my thoughts and prayers go out to you and your sister but in all honesty I really pray your sister gets a place to live. I don’t know the mental disorders she has but it’s even harder on those with them when they move from place to place.

I’d suggest sitting down and talking with a lawyer. I know you don’t want the fees but you may be able to get a estimation and plan figured out before hand so it minimizes your losses.