Distribution of assets to heirs

[Sugar Beach]

Jurisdiction

Oregon

My partner of 13 years recently passed & told me several times over the course of the years that I was the beneficiary of his retirement account of which I was told was of a substantial amount. Due to the fact he sent all financial papers, including for the retirement account to his father I'm assuming for safekeeping has me concerned. I know that my partner switched companies awhile back but I'm unsure of which one. How would I find out if I was named the beneficiary? Call the company that I believed he moved the account to? What I am concerned about is that his father had the account numbers & passwords to get into the account so I'm concerned that it is possible that he has gone into account & changed the beneficiary designation instead of honoring his son's wishes that the money in the account was to come to me. What legal recourse would I have if that has occurred, especially within the timeframe that he was in hospital & unable to communicate? His parents have not been forthcoming with any information regarding exactly what my partner had asked of them in regards to his assets, which also includes property & home which he also wanted me to have so I would always be sure I
had a home.

 

[army judge]

Call the company that I believed he moved the account to?

That might accomplish what you desire.

My partner of 13 years recently passed & told me several times over the course of the years that I was the beneficiary of his retirement account of which I was told was of a substantial amount.

Were you married legally, or did you call yourself partners and set up housekeeping?

If you are not married but have a domestic partner, naming that person as your 401k beneficiary could actually help concretize your domestic partnership from a legal point of view, says Pete Warner, Senior Manager with Deloitte and Touche's Human Capital Advisory Services group in San Francisco.

If you and your partner are single and he/she dies, the account will go to whomever was named as a beneficiary. If no one was named beneficiary, the account will go to estate of the deceased.

Naming a Beneficiary In Your 401k - 401khelpcenter.com

What I am concerned about is that his father had the account numbers & passwords to get into the account so I'm concerned that it is possible that he has gone into account & changed the beneficiary designation instead of honoring his son's wishes that the money in the account was to come to me.

Don't jump to conclusions, conjure up scenarios, or speculate; seek the facts, and then proceed accordingly.

You have some investigating to do, so start by contacting his current employer and inform the entity of his death.

That could start a dialogue that MIGHT be beneficial to you.

which also includes property & home which he also wanted me to have so I would always be sure I
had a home.

If real property is involved and other assets, it might be best to contact an estate attorney and engage her/him to ferret out assets and answers on your behalf.

 

[adjusterjack]

My partner of 13 years recently passed & told me several times over the course of the years that I was the beneficiary of his retirement account of which I was told was of a substantial amount.

Unless you actually are listed on the account as beneficiary then what he "told" is meaningless.

I know that my partner switched companies awhile back but I'm unsure of which one. How would I find out if I was named the beneficiary? Call the company that I believed he moved the account to?

Sure, that makes sense.

What I am concerned about is that his father had the account numbers & passwords to get into the account so I'm concerned that it is possible that he has gone into account & changed the beneficiary designation

That's possible. However, beneficiary changes generally require a real signature. A forged change might give you a remedy.

As for the house and anything else, if he didn't put anything in a will, trust, or transfer on death deed, you get nothing. Check the county recorder records for the deed to his house. Maybe you'll get lucky and it'll have your name on it as beneficiary. If not, as a practical matter, there may be nothing you can do about it.

Your situation begs the question. Why didn't you take more of an interest in his estate planning when he was "telling" you all this stuff? It should have been done with proper legal documents and you should have been the one he should have given all the documents to.

Seems to me he got all the benefits of marriage without any of the obligations.

I suggest you talk to an attorney and review your options, slim and costly as they may turn out to be.

 

[zddoodah]

My partner of 13 years recently passed & told me several times over the course of the years that I was the beneficiary of his retirement account of which I was told was of a substantial amount.

I assume you're talking about a boyfriend, but please explain if that's not what you mean. Also, how long ago did he die? What sort of retirement account are we talking about? Did he have a will or trust? Has his estate been probated (or is probate ongoing)?

he sent all financial papers, including for the retirement account to his father I'm assuming for safekeeping has me concerned.

That's an awfully strange thing for an adult to do. Why would his financial papers be safer with his father than in his/your home?

I know that my partner switched companies awhile back but I'm unsure of which one.

Meaning you don't know where your boyfriend worked?

How would I find out if I was named the beneficiary?

So...basically what you've told us is that your boyfriend of well over a decade recently (?) died. He maintained no financial papers in what I assume was your shared residence, and you don't know where he worked. He told you that you were the beneficiary of some sort of retirement account, but you appear to know nothing at all about the type of account, and presumably you don't know whether it was an account connected with his employer. Have I got all that correct?

If so, then your post suggests two things to me. The first is that he was bull[bleep]ing you. The second is that his father may have some information. If you knew who his employer was, you could call the benefits person there.

Call the company that I believed he moved the account to?

By calling someone you might get some information. If you don't call, you won't get any info.

What I am concerned about is. . . .

Speculation.

What legal recourse would I have if that has occurred, especially within the timeframe that he was in hospital & unable to communicate?

I see no point in heaping speculation on top of a hypothetical set of facts other than to say you might be able to sue.

his assets, which also includes property & home which he also wanted me to have so I would always be sure I
had a home.

If he really wanted you to have these things, then there are several things he would have done, and hiding his financial life from you by sending all papers to his father and not even letting you know where he worked are not among those things.

Unless you can gather a lot more information, about the only possibility is that you could seek to probate his estate and seek to be appointed administrator/executor. If you are successful in that regard, then you would have the ability to compel his father to turn over his financial documentation to you. Beyond that, as a mere boy/girlfriend, you have no more entitlement to anything than I do.