Beneficiary designation

[Guest bernverd]

Deceased participant was living in the state of Virginia at the time of his death. His first beneficiary designation named his long time (over 15 years) girlfriend 100% and this form was signed. His updated beneficiary designation named long time girlfriend 50% and his daughter 50%. The second form was never signed. I am figuring that his first beneficiary form is the valid one and his girlfriend should receive the money.

However, the plan sponsor tells me that at one time this guy was married and isn't sure there was ever a divorce.

Does the girlfriend get the money? I told the plan sponsor that an attorney may need to be involved. But I'm not sure who should seek legal counsel. Plan sponsor, daughter, girlfriend or all three??

[masteff]

The unsigned designation is not valid; ignore it.

The signed designation is only valid if a) he was single at the time or b) he was married and the spouse signed consent. If the plan sponsor truly suspects the person might have still been married, then they need to investigate that. I'd start w/ his long-time coworkers who might remember hearing about any divorce. Then, it would be a matter of doing a search of records for the divorce. Assuming the participant has lived continuously in Virginia, the plan sponsor can try the Office of Vital Records ( http://www.vdh.state.va.us/Vital_Records/index.htm ).