Draper55 Posted October 20, 2022 Report Share Posted October 20, 2022 profit sharing plan states that in the absence of a designated beneficiary, the spouse becomes the beneficiary and if no surviving spouse, then the children. Plan also states that an ex-spouse can take the spouse's place on death if so provided under a domestic relations order per. In this case, the marital settlement agreement stated that the participant was to name the former spouse as beneficiary under the plan. The participant has died; but there is no executed beneficiary designation form effecting what the marital settlement agreement called for. There is no spouse at death, only the ex-spouse and children. Does it matter that the deceased did not physically name the ex-spouse as beneficiary while alive or was the intent of the marital settlement agreement sufficient? Any insights are appreciated. Link to comment Share on other sites More sharing options...
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