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Generally, a person names a beneficiary when they set up a 401K account. The account manager will distribute the proceeds according to that instruction when it receives official notification of the death.

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Q: Do the children of a deceased father have rights to his 401k if there is no will or would it just go to the surviving spouse?
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Does an adult child have legal rights to a deceased father's estate if he died with a will and everything goes to the surviving stepparent in TX?

No.


What rights does a surviving spouse in have in Ohio if the deceased had no estate?

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Does property and estate automatically transfer to the surviving children if the deceased did not have a will in the state of Texas?

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