Q: My brother died intestate. His 457b plan through his employer had a named beneficiary, but when the plan administrator
was changed to Fidelity, the beneficiary information didn't transfer, Could we sue to employer or Fidelity to make them honor his beneficiary wishes? At a 39.6% federal estate tax rate, this is a significant amount of money. Would we have a case?
A: Generally, retirement benefits are included in a person's "gross estate" for estate tax valuation. Whether or not you have a beneficiary on the policy makes no difference: it's included either way. So, having a beneficiary on the plan wouldn't actually reduce the value of your brother's gross estate for estate tax purposes.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
