Eric Hanford Posted May 11, 2024 Posted May 11, 2024 Has anyone had experience with a client who had a husband forge the wife signature to change beneficiary designations on Defined Contribution Plans?
JenniferB Posted May 11, 2024 Posted May 11, 2024 Hello, I’ve personally witnessed this at my firm, but unfortunately the member will have to first change passwords, user IDs into the system, and proceeded with the process of taking legal action, proving it was done without consent showing that it was forged. They never make it that far on those cases because it’s too much to show proof of and legal fees.
CuseFan Posted May 13, 2024 Posted May 13, 2024 Spouse must be beneficiary of the pre-retirement death benefit unless the participant names another beneficiary and the spouse consents in writing to such and such consent must be notarized or witnessed by a Plan Representative. Spouse, if participant has died, can and should make a claim to the Plan Administrator and go through that formal process which may or may not lead to discovery of fraud, and then proceed from there including any claims appeal. If that fails then the spouse can bring suit. If participant has not died and spouse has discovered fraud through some other avenue, maybe contacting the Plan Administrator can address the situation. We have some good legal minds on this forum who have better or more comprehensive advice. Luke Bailey 1 Kenneth M. Prell, CEBS, ERPA Vice President, BPAS Actuarial & Pension Services kprell@bpas.com
Luke Bailey Posted May 14, 2024 Posted May 14, 2024 As CuseFan points out, the signature would not only need to be forged, but witnessed by a plan administrator representative or notary. What are the facts here Eric Hanford? Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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