Legal Question in Wills and Trusts in Arizona

retirement plans

If an Application for Retirement Benefits is ambiguous as to whether or not a beneficiary is entitled to receive or the decedent's estate is to receive, what position is the retirement plan administrator required to take?


Asked on 1/28/09, 5:09 pm

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

Re: retirement plans

The retirement plan administrator can take the position that they will not pay benefits to anyone without a proper court order determining who is the beneficiary of the retirement plan.

You should seek advice and counsel regarding your claim to the benefits, however, the plan administrator generally will not make the determination, they don't have to do so.

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Answered on 1/28/09, 6:04 pm


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