Power of Personal Representative

[Guest RW]

A personal representative in the estate of a deceased participant is not a beneficiary in any of the participant's pension or welfare plans with an employer. What duty does the plan administrator have to supply the personal representative with information about plan benefits and beneficiary information?

[Guest PeterGulia]

If an executor or personal representative is not the plan beneficiary, the plan administrator should not furnish confidential information to the executor. In particular, it's unwise (and may be a fiduciary breach) to furnish information about the identity of the beneficiary. One succint reply to an inquiry is "the beneficiary is other than you".

If the estate is such that either a federal estate tax return or a state estate tax or inheritance tax return is required, different procedures may apply. A plan administrator should not anticipate a tax preparation need for information, but should evaluate the request when the plan administrator receives it.

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