Sjoberg & Tebelius, P.A.
Serving Minnesota & Western Wisconsin
651-315-8856

Creative solutions for ERISA retirement account pay out

Retirment-photo.pngThe situation: Our client retired, then went through a divorce. After remarrying, he submitted a beneficiary change form to his retirement plan administrator, naming his second wife as the new survivor beneficiary of his retirement account. The plan administrator never communicated that this change could not be made after his retirement date, which had long since passed. After he passed away, the benefit was paid to the first wife, but mailed to the second wife. It was then that they realized there was an error in the administration of the plan that needed to be addressed.

Our solution: Anne G. Brown commenced litigation to get the second wife added as a party to the original divorce litigation, and sought a "constructive trust." This would allow the court to direct the payment to the second wife, after the plan administrator made the payments to the first wife.

The result: After a positive result at an initial hearing, Brown was able to negotiate a creative settlement agreement that fulfilled much of the gentleman's intent for his second wife, while not burdening the first wife with the tax consequences of receiving the payouts, which were still required to be made payable to her.

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  1. “Thank you for providing personalized professional services to us during a time of grief and loss when family relationships were not the best. With an attorney on board to help manage legal matters, everyone had confidence that the best was being done. ”

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  2. “Our estate plan was handled well. We never felt rushed and all details were fully explained. Sam is very professional, easy to talk to and experienced in all aspects of estate planning. He gave examples and explored alternatives for us to consider. Well done and thanks.”

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  3. “I was given the name of the law firm by a family friend after helplessly pilfering through endless names on websites. I am grateful I called. I was connected with Dave Meier immediately and from the go, was treated with dignity, care and respect. Every visit to the firm was pleasant and professional. ”

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  4. “We were highly impressed upon the level and capability of Sjoberg & Tebelius. They gently showed us that there was much more to achieving the Will in the correct format that will protect our children than the quick attempts we had made on our own. Great people to work with - achieving our desired results!”

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Over 30-years of experience Serving Minnesota & Western Wisconsin

Sjoberg & Tebelius, P.A.

Woodbury Office
2145 Woodlane Drive
Suite 101
Woodbury, MN 55125

Fax: 651-738-0020
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900 IDS Center (By Appointment Only)
Minneapolis, MN 55402

Toll Free: 888-892-7044
Phone: 651-315-8856
Fax: 651-738-0020
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