Finding "hidden" things.

August 16, 2009 7:37 PM

How do you locate the safety deposit box and 401k/IRA of a deceased relative who you've had little contact with lately?

The situation is a bit unusual and since I'm having trouble coming up with the answers on my own, I thought I'd query the hivemind.

A few years ago my parents got a divorce, my dad took it particularly hard to the point where he pushed away anyone that he had contact with, including his family, and moved to China. A couple weeks ago he passed away over there from a sudden illness and I've been busy with making arrangements for what needs to be done.

Tonight I was going back through the few emails we'd sent to each other over the last couple years and in several of them he'd referenced a safety deposit box and a 401k plan that he'd rolled over into another one to keep away from my mother. I suspect that he'd actually put it into an IRA as at the time he didn't have a job that offered a 401k.

The only idea that I've been able to come up with is to call all the banks in the area and inquire. I'm quite willing to do that should no other options be available.

Any suggestions and ideas are much appreciated.

As a side note, a few months ago he actually remarried, his wife is unable to get a visa to come back over to the US and I'm not sure how that'd affect things.

posted by joshgates to work & money (8 comments total)

Did he leave a will? And, are you the executor?
posted by Houstonian at 8:02 PM on August 16

No will that we know of so I'm not the executor. It's just fallen upon me to take care of things due to the situation.
posted by joshgates at 8:08 PM on August 16

You need a lawyer.

If your dad died intestate in another country, you are very likely (depending on your location) to need to receive some kind of court authorization to have any of his financial records, let alone actual money, released to you. Here in Massachusetts, you would have to receive an appointment of executorship before the bank even acknowledged that the individual maintained a safety deposit box.

I'm sorry about your loss.
posted by Sidhedevil at 8:23 PM on August 16

The fact that he remarried is more than a side note. You really need a lawyer, preferably one who understands how this works since he lived, remarried, and died in China, without a will.
posted by Houstonian at 8:27 PM on August 16

Thanks, that's what I needed to know, I'll get in touch with a lawyer in the morning. :)
posted by joshgates at 8:37 PM on August 16

Seconding Sidhedevil about talking to a good lawyer who knows about estates and/or wills, especially in another country ( China). Doing things your not authorized to do ( legally) could not only make things very messy for you (and the family), but also have things take longer than it might take otherwise. Get some good legal advice.

The road to hell is paved with good intentions, or at least can be at times. Good luck to you.

I too, am sorry for your loss.
posted by Taurid at 8:43 PM on August 16

Things will be much easier if you have the new wife's cooperation and can communicate with her. Some things to think about and to discuss with an attorney:

In every state that I know of, the spouse has the first priority to be named as executor of an estate. But a probate court would not likely find a person who cannot travel to the U.S. qualified.

If he set up an IRA, it most likely stayed here, as banks in China would not be able to maintain such an account. Even if he was a Chinese citizen, his U.S. property would be probated in the U.S.

If he did not become a Chinese citizen, he would probably be regarded as a resident of the state where he last lived in the U.S.

Good luck.
posted by megatherium at 3:40 AM on August 17

The advice so far is correct--glad you are seeing an attorney. Your attorney, if he/she is familiar with probate should be able to track safety deposit and IRA accounts--the simplest way is through retained records, mail, checking accounts, credit card accounts, etc. Good luck in what could be a very complicated or very simple process
posted by rmhsinc at 8:10 AM on August 17