- Joined
- Jun 25, 2007
- Messages
- 3,160
Pinto, I'm so sorry that FIL is not getting the hint. We would all like to think we know how we would be behave in a situation such as this but, when it comes down to it, we don't really know. I sincerely hope that your ILs are just so overwhelmed with grief that they're not thinking straight.
Re: the beneficiary. I agree that you should seek professional advice. However, by looking at Michael's retirement plan, you should be able to tell if you're entitled to that benefit. If the Plan he was part was subject to QJSA (Qualified Joint & Survivor Annuity) then you are entitled to 50% of the account even though Michael didn't update his beneficiary to you instead of his parents. If the Plan is NOT subject to QJSA, then you are, by default entitled to 100% of the benefit unless you waived your right in writing. I would not rely on Fidelity (I think that's were you said the money is) to get this right because they're the "experts". If you contact his former employer or Fidelity and ask if the Plan is subject to QJSA, they should be able to answer you quickly. If you have any materials from his plan (like a Summary Plan Description) look under death benefit and you can see if this is an option. In short, QJSA = 50/50 you and his parents and No QJSA = 100% you.
Also, if the Plan is subject to QJSA making you legally entitled to only 50% his parents cannot legally, as far as I know, forfeit that benefit to you via some election to the retirement plan. In order to give it to you, they would have to take the distribution first (and pay applicable taxes). I'm sure an estate planner/attorney could get creative here though.
Re: the beneficiary. I agree that you should seek professional advice. However, by looking at Michael's retirement plan, you should be able to tell if you're entitled to that benefit. If the Plan he was part was subject to QJSA (Qualified Joint & Survivor Annuity) then you are entitled to 50% of the account even though Michael didn't update his beneficiary to you instead of his parents. If the Plan is NOT subject to QJSA, then you are, by default entitled to 100% of the benefit unless you waived your right in writing. I would not rely on Fidelity (I think that's were you said the money is) to get this right because they're the "experts". If you contact his former employer or Fidelity and ask if the Plan is subject to QJSA, they should be able to answer you quickly. If you have any materials from his plan (like a Summary Plan Description) look under death benefit and you can see if this is an option. In short, QJSA = 50/50 you and his parents and No QJSA = 100% you.
Also, if the Plan is subject to QJSA making you legally entitled to only 50% his parents cannot legally, as far as I know, forfeit that benefit to you via some election to the retirement plan. In order to give it to you, they would have to take the distribution first (and pay applicable taxes). I'm sure an estate planner/attorney could get creative here though.