Problems with Beneficiaries

[whitehorse1969]

My question involves estate planning in the state of: Pa
Ok This is my Story my Dad passed In March of this year a month later my Uncle which is my dads brother passed Ok This is the problem My Uncle Had investments in 401 k stocks ira ect so he had a paper wrote up the my dad is the beneficary and is to get 75% and My aunt which is there sister is to get 25% My dad passed before my uncle so what happens to his share my aunt had told us it went to us and now she is saying it all goes to her how can that be if my uncle stated my dad since he is gone it should go to his kids right? Or does my Aunt get it All since she is the only one living? Also we think she is waiting for my dads estate to close can she do this and how long does it take for an estate to close? My Aunt has the papers that has everything in it the amount of money and all we dont have copies she also has a lawyer which we dont know his name so how can we get copies of the papers to be sure this is true we only want whats right. My Uncle had no will just the paper written up with The Beneficiary's Please help Thanks

My 2nd question is when my dad passed his children didnt get anything it all went to his wife since nothing was written for us we dont think there was a will how can I see if there was a will? Also how can I make my dads wife give me a copy of my dads medical records I mean we are his kids and should have them please help me

[aaron]

The first part depends upon the beneficiary designation. If the designation was absolute, the effect of your father's predeceasing your uncle should be that the proceeds go into your father's estate. If there are survivorship rights given to the other beneficiaries, the effect would be that the proceeds would go to the surviving beneficiaries. Have the executor of the estate seek (and, if necessary, subpoena) the documentation.

If the estate is being probated and there was a will, the will should be filed with the probate court. If there is no will, the state's laws of intestate succession govern the distribution of the estate.

[whitehorse1969]

I dont understand why would it go into my fathers estate? It was my uncles moneys but he had is written for my dad to get 75% and My aunt There sister to get 25% my dad passed so now whats?

[lwpat]

Writing up a paper saying how you want your 401 to go is not effective. You have to change it with the administrator of the plan.

Since you were not notified, it is possible that probate has not been started on your father's estate. Go to the probate court and see. If not one of you can file and request to be the personal representative. While you are there you can check on your uncle's estate also.