Would beneficiary witnessing signature invalidate designation?
Posted 29 March 2001 - 05:06 PM
Posted 29 March 2001 - 05:43 PM
Posted 29 March 2001 - 08:58 PM
Posted 01 April 2001 - 03:29 PM
As for qualfied retirement plans, I don't think the laws about wills apply. In fact, I don't think a signature of witness is even required on a beneficiary form.
Good luck, and let me know what you find out... firstname.lastname@example.org
Posted 01 April 2001 - 06:48 PM
Why are we even discussing witness? Does the plan and/or the sponsor require a witness for any beneficiary designation? Seems that just about any form with the Son's signature on it would be valid. If there is a beneficiary designation that the plan sponsor deems valid, then the "back-up" beneficiary should probably be irrelevant.
Posted 02 April 2001 - 09:56 AM
Posted 03 April 2001 - 06:10 PM
surely, you didn't mean "..our legal opinion..", did you?
I'm sure you meant your "lay opinion" or "your layman's understanding of the law".
Posted 04 April 2001 - 09:28 AM
Posted 05 April 2001 - 12:17 PM
Posted 05 April 2001 - 12:59 PM
Posted 05 April 2001 - 01:34 PM
Posted 05 April 2001 - 05:54 PM
My consulting background wants to scream that anyone who is in TPA/consulting relationship with a plan and/or plan sponsor is not, and cannot be, also the attorney for the plan or the plan sponsor. And it does not matter if the individual employee is an attorney.
Am I incorrect? Oversimplified?
Posted 05 April 2001 - 06:37 PM
Posted 05 April 2001 - 07:11 PM
Rule 5.4 PROFESSIONAL INDEPENDENCE OF A LAWYER
(a) A lawyer or law firm shall not share legal fees with a nonlawyer. . . (with narrow exceptions).
(B) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.
© A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.
(d) A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if:
(1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration;
(2) a nonlawyer is a corporate director or officer thereof; or
(3) a nonlawyer has the right to direct or control the professional judgment of a lawyer.”
Posted 06 April 2001 - 09:19 AM