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Question

Asked 9/30/2010

401k

The employer didn't contact the investor about my husbands death and its been a month and the adminstrator is not anwering any of my calls, and the investment company didn't get anything from the employer aswell and i sent the death certifcate, what can i do now.

 
 
 
 
 
Answers

Answer 1/6 - Submitted 9/30/2010

Show up to the company's business office in person and talk to the Human Resources department. If it's a small company, talk to the owner or manager of the branch.

If your husband belonged to a Union, contact his Union representative. Write a letter to the Better Business Bureau. Write a letter to the CEO of the company with a copy sent to your husband's supervisor. Hire a lawyer.

Make a lot of noise and make a lot of waves. You shouldn't have to do all this, but if you have to, do it. The squeeky wheel gets the grease!

 
 

Answer 2/6 - Submitted 9/30/2010

I would write letters and make a record. I would contact the government or lawyer to get some help. Good luck.

 
 

Answer 3/6 - Submitted 9/30/2010

Call and report the issue to the Better Business Bureau, were you live and also were the investment company is located.

 
 

Answer 4/6 - Submitted 10/1/2010

You should contact your husband's employer's HR department. Then will inform the 401K company. Or you can submit a copy of the death benefit to the 401K adm firm. and they will verify with your husband's employer. It should not be an issue.

I beliee there is a misunderstanding somewhere.

 
 

Answer 5/6 - Submitted 10/12/2010

Now the adminstrator of the company states my husband 401k has been turn over to the company attorney and the adminstrator is not handling it anymore , why is this and why I'm I getting the run around?

 
 

Answer 6/6 - Submitted 10/16/2010

You should have an estate qualified lawyer helping you with your legal issues after your husband's death including his 401k retirement plan. Your lawyer will know how to handle this.

I was the executor for my older brother. On his 401k with his employer, the company directed me to the 401k administrator and it was then handled professionally by the 401k administrator. I would demand similar treatment.

If not, I would handle this with your lawyer tracking down who is responsible and demanding a proper outcome. The ERISA law regulates the handling of retirement funds and makes the company fiducially responsible for proper handling of your husband's 401k funds including handling disbursements to benefitaries. If necessary, your lawyer will handle this via legal proceedings. Normally, your lawyer getting involved and threatening legal action if needed will get their attention and lead to quick resolution.

 
 
 
 
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