[WSBAPT] Pension Fund "you're too late"

[Dalynne Singleton]

The pension fund must have had the husband’s address.  Isn’t there a requirement to provide an annual statement of pension fund?  Seems bizarre fund can sit back and anxiously await 5 years going by so they don’t have to pay.
If the husband and wife had the same address, what diligent efforts were made to contact the husband?

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
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dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jay DeMers
Sent: Tuesday, July 11, 2017 5:06 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Pension Fund "you're to late"

How about a letter addressing unjust enrichment?  Jay

On Tue, Jul 11, 2017 at 2:28 PM, Josh Grant <jgrant at accima.com<mailto:jgrant at accima.com>> wrote:
Client’s H died in 2011.  Decedent had a small amount in a Biolermaker-blacksmith national pension trust.

Widow didn’t know about it and widow’s daughter now is taking care of her and came across documents concerning the pension trust and its lump sum Post Retirement Death Benefit.

After demand made the Trust wrote back that the Pension Plan states:  “Diligent efforts will be made to locate any missing Participants or named Beneficiaries.  However, the Trust will not make attempts to locate potential heirs under the Order of Precedence.” [Whatever that means.  It does not appear any diligent efforts were made].

Then it goes on to say they are payable only 5 years after death and so the Widow is Too Late.

Anyone have a statute or argument that that outcome/policy doesn’t apply?

It is only about $4500 so unless an attorney fee provision can be found, it will be hard to litigate .

Josh

Joshua F. Grant, PS
Attorney at Law
P. O. Box 619
Wilbur, WA 99185
tel 509 647 5578
fax 509 647 2734<tel:(509)%20647-2734>

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