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If you are under age 59½, your earnings may be subject to the 10% early withdrawal penalty. If you are over age 59½, you may withdraw before-tax funds (excluding your TVA matching funds) from the 401(k) Plan. You will not pay an early withdrawal penalty; however, your distribution will be taxed as ordinary income.
Since your 401(k) is a non-probate asset, you shouldn't include it in your last will and testament. Even if you did, whoever you name in your beneficiary designation form will override it.
It is important to note that beneficiary designations take precedence over wills, so if you have named a beneficiary for a specific asset (such as a life insurance policy), that designation will override any instructions in your will.
Choosing who will receive your assets or the payout (called a ?death benefit?) from your life insurance policies is a decision you should consider carefully, because a beneficiary designation can't be changed or corrected after you're gone.
Go to Fidelity.com or call 800-343-3548. Use this form to request a one-time withdrawal from a Fidelity Self-Employed 401(k), Profit Sharing, or Money Purchase Plan account. Possible requests include a one-time, immediate distribution; a qualified or direct conversion to a Roth IRA; or a direct rollover.
Trust Agreement The trustee essentially has legal title to the plan assets. The plan's assets are protected from the creditors of the Plan Sponsor. As such, if the employer was to become financially insolvent, the assets would be available to the plan participants and their beneficiaries.