Death Benefits

[Guest Testrella]

We are a worker owned home care agency. What is an employer required to do when an employee has an untimely death with last paycheck, sick & vacation and worker owner investment if a beneficiary is not designated? Can we use the beneficiary who was designated in the life insurance policy?

[Kirk Maldonado]

Why not pay it to the employee's estate?

[Guest Testrella]

What if they don't have an estate. Is the company leagally responsible if they designate who gets the last paycheck and worker owner investment if a beneficiary was not designated in advance?

[david rigby]

Raises an interesting question (to me anyway). Virtually every employee who dies prior to a separation of service will have this problem. Should employers have a beneficiary designation solely for the purpose of disbursing a final paycheck? Or must it be paid to the EE's estate?

[Joe Priselac]

There is no such thing as not having an estate. The estate may only consist of the last paycheck, but that is the person's estate. They could have named their boyfriend/girlfriend as the beneficiary on their life insurance, but if they have relatives and you pay the friend you could be liable to pay the relatives. If the person doesn't have a will, every state has a law of intestacy that determines who gets what and in what order. Kirk is a lawyer and can explain this much better than I can, but I would pay the estate of the employee and let the legal process take over.

[Guest Lewis]

[Guest Lewis]

The benefits should be paid to the deceased employee's estate if your company does not have a beneficiary designated by the employee. By the way, does your company offer funeral/burial assistance as an employee benefit? If not, would you/they consider offering such a benefit on a voluntary basis? If interested, contact me at Affiliated@Worldnet.att.net.