Help with Beneficiary Designation

My husband passed and I have beneficiary from with my name but the plan administrator refuses to contact me or give me any info on who got paid out if it wasn’t the beneficiary or the legal living spouse. Where can I get help? 

Start by filing a claim for benefits with the Plan. Request a copy of the summary plan description and submit a copy of the beneficiary designation form showing you as beneficiary and proof that you were his spouse at time of death. Send this by registered mail or overnight delivery with signature required so you a have a record of noticing them.

If they are still non responsive, I would suggest contacting an ERISA attorney to assist you and/or contact your local branch of the Department of Labor and request their assistance.

I myself am not an attorney and this is not legal advice.

After filing formal claim, if you get nowhere I would go to DOL first, the last thing a plan sponsor wants is a disgruntled plan participant or beneficiary complaining to the DOL. A follow up "threat" of such to the Plan Administrator may move them to action. An ERISA attorney could also help but legal counsel is not free. Good luck.

I have been on both sides of a DOL "intervention" and I have found them to be very helpful to the participant and also reasonable when the employer can explain why its actions were appropriate.  You might want to contact the DOL after filing the formal claim, but I would not wait to hear the Plan Administrator's response.  

I assume that you are the wife and not the ex-wife.  Please confirm that you are the present wife or if you are divorced.  

Was he retired at the time of his death, or was he still working with the employer.

Was this a 401(k) plan with a statement sent to your husband every month showing how much is in the account? If so do you have a statement showing the amount in the account? 

Or was it a pension plan where you husband retires at a certain age, 65 for example, and is entitled to a lifetime annuity?  

If you want to get back to me with the exact name of the plan I might be able to tell you what kind of a plan it is.  

What is the name on the form that you have in hand naming you as the beneficiary?  Do you have any knowledge that he actually submitted it to the Plan Administrator.

Is this a private company, or a Federal agency, or a State, County or Municipal plan?

In what state do you live? 

Has the Plan Administrator respond to you in writing?  What did they say - exactly?

You have not provided enough information for anybody to help you?

DSG

On 1/23/2025 at 5:23 PM, Vanessa said:

My husband passed and I have beneficiary from with my name but the plan administrator refuses to contact me or give me any info on who got paid out if it wasn’t the beneficiary or the legal living spouse. Where can I get help? 

What type of account is it? With some types of plans,  you are the beneficiary by default, unless you signed away your right to be the beneficiary. And, there are some that allows the account owner to name a beneficiary other than you, if they want to. The beneficiary form might have information that tells you the type of account. The most recent beneficiary form they have on file is that one that counts, unless it is overridden by the terms of the plan..

If you are not the beneficiary, they will not/cannot share information with you about the plan/account.

Your financial advisor should be able to help. A good place to start is a conference call (with you and your advisor) to the plan administrator.