Leaderboard

I'm sorry for your loss. Ask Fidelity for the Summary Plan Description. The SPD should tell you who the default beneficiaries are. It is almost always in this order: 1) the spouse (if married), 2) the kids (split up evenly) if any, and 3) the estate. Of course check the SPD, but I've never seen aunts/uncles/siblings come into the analysis. It is really your mother's former employer that is required to pay the money to the right person. So you should be an informed consumer, but it's not your responsibility to figure this out. Call the HR department. The actual date of divorce should be moot assuming the death certificate indicates the marital status as divorced. See if supplying a few years of old tax returns indicating "single" will keep them quiet.

As always, the first and most important question is "What does the plan say?" I have seen default beneficiary definitions that include siblings, parents etc. In a typical one, the default order is (1) spouse, (2) natural and adopted children and children of deceased children per stirpes, (3) the participant's parents in equal shares, (4) brothers and sisters of the participant and the children of deceased siblings per stirpes, and, finally, (5) the estate. Unless the 401(k) plan specifies that if there is no named beneficiary then the proceeds go to the deceased participant's estate (or otherwise the default goes directly from spouse to estate), then there being children and siblings here, the money might not go to the estate. If the money does go to the estate and the participant died intestate, then you must fall back on the state's intestate succession laws (not a lawyer - is that term only suitable for crowning the successor to a deceased monarch?). My expectation is that "children" almost certainly outrank "siblings" whichever state's laws come into play.

Can you type in a reply here the exact language Fidelity used to inquire about "survivors"? I would be surprised if it was so vague. I would think the questions would be more pointed and aligned with the actual default beneficiary rules under the plan.

My sympathy for your loss. If you contact the employer (ie, the sponsor of the plan), they might refer you to contact Fidelity. If so, don't think of this as a brush-off, but is probably a form of "out-sourcing", with day-to-day administrative responsibilities transferred to Fidelity. Austin is correct that you should inquire about the plan's default definition of beneficiary. It is not necessary to provide all the personal information for all the survivors, only for those who meet the beneficiary default.

Had to look it up. Never paid any attention to that show. While doing so, found a good example of a "mute point": Addressing the participants of a conference call while your phone is on mute.

We use EFTPS; we have a dedicated bank account, and the program, and remit under the plan EIN...so far so good. (The WH check is payable to us; we deposit it, wait for it to clear, then submit thru the system.) I believe that you may indeed submit using the employer's ID, but it is not recommended. Your plan WH taxes become subject to the same schedule as regular payroll, and then there is the issue of year-end reporting. It's almost sure to get all bolloxed up with the 941 and 945 type reporting, as noted above.