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Asked 8/14/2010

Ex is benificary of 401 K and cannot get it

My ex husband passed away and his 401 K was divided with our two children getting 20% each. I was left executor of the will, as we remained good friends. He never re married.
Now, there is 60% of the 401 K left and the people that work with the 401K office tell me my name is on the list but they say, the letters have been sent out . They will not tell me if they have sent one to me. I told them my address has changed three times and I needed to give them the new one. They would not accept it. They said there was nothing more I could do. Now, what can I do to see for sure it is supposed to come to me? If it is, I would like to get it because my children could use this to help them out.

 
 
 
 
 
Answers

Answer 1/4 - Submitted 8/14/2010

I thought there may be some forms I could fill out for this but I am having trouble finding out and my attorney does not seem to know what to do.

 
 

Answer 2/4 - Submitted 8/14/2010

If you are getting the run around from the 401k plan administrators, contact the department of labor for assistance. They oversee these companies, you can find contact information here: http://www.dol.gov/dol/topic/retirement/index.htm

 
 

Answer 3/4 - Submitted 8/17/2010

I could not find anything on that site to help. I feel there should be some way to get them to accept my new address and send me a new letter. I find it unusual that my attorney does not know to do.

 
 

Answer 4/4 - Submitted 8/29/2010

Hi, You need to go to court and have the records subpened from his place of employment if they are not cooperating. Also, contact the Department of Justice and the Department of Labor to advise of possible wrong doing by this company.

 
 
 
 
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