minor inherited a 401K

TS61 · Jun 22, 2025 8:39:16 AM

situation is, deceased grandmother listed minor grandchild as beneficiary or 401k (no custodian named). Grandmother had started started taking RMDs. Financial institution won't release/distribute the 401K to the minor beneficiary until the minor turns 18, so no one will have access to the account for several years. What are the implications for RMD's and associated income tax on those RMD's when there is no access to the account in order to actually transact the RMD's? At this point, technically the financial institution won't even tell me (the minor's parent) what the 401K account balance is, though I can probably approximate it's value from other available information.

I just had a look at the Travis County Probate Court web site. Unfortunately, you can't be pro se, you must be represented by an attorney in this case. (You can be pro se if you are only representing your own interests. Since you would be seeking to represent the interests of someone else, you are not allowed to be pro se.)

So I would ask an attorney what they would charge to represent you for the initial filing and then the ongoing costs (for annual financial filings, etc.) until the child turns 18, and balance those costs against the costs of waiting (which not only includes potential taxes and penalties, but the opportunity cost of not being able to withdraw the money even if the child had a good reason).

Good luck.

https://www.traviscountytx.gov/probate/probate-forms

Court Policy Regarding Pro Se Applicants