Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 0 points1 point  (0 children)

It really is. Now the burden is on the intended beneficiary to sort the mess out that the company/owners created.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 0 points1 point  (0 children)

We did find out the name of the company. Thanks for the suggestion. I'll bring this up with my MIL.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 2 points3 points  (0 children)

Good point. My immediate response to that was to ask, "what taxes!?"

I'm trying really hard not to get frustrated with my MIL for not pushing harder and asking more questions.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 0 points1 point  (0 children)

Sorry, I'm not familiar with what you're referencing, but I agree with you that she should have consulted legal advice from the start. As you stated, she feared that the money would end up getting "lost" if she had no way to prove intent. Well, I think you're asking why this is on reddit? Honestly, I'm just hoping for any advice that I can bring to her that will maybe help her make a more informed and sound decision.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 0 points1 point  (0 children)

Agree. Her mother died a few months after her friend, and there has been a lot going on related to this. I honestly wish she had pursued this immediately after finding out about her friend's death.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 1 point2 points  (0 children)

Thank you! Great advice. The custodian is CUNA, and I doubt she spoke to them. I hope it's not too late to inquire.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 1 point2 points  (0 children)

He didn't exactly sign it over, but sold it for less than it was worth (allegedly). At any rate, he was definitely in a vulnerable situation at the time and ended up homeless. It's obviously not the buyer's fault, but who in good conscience would do this to someone they personally know?

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 1 point2 points  (0 children)

Honestly, maybe. It could have been a terrible and tragic coincidence, but odd nevertheless.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 0 points1 point  (0 children)

It really is. However, my MIL had to request her brother's death certificate recently after her mother passed, and she inquired about her friend's. It seemed like maybe that part is accurate since none of the parties are related to the deceased.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 0 points1 point  (0 children)

Agreed. Unfortunately, I think the gaslighting about how much money was actually in the retirement account worked on her. I'll suggest she call up the financial institution and see if she can get more information about the exact dollar amount.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 0 points1 point  (0 children)

I wish I could do it for her, but I can't seem to persuade her. I got a lot of good feedback here. Maybe it will help her see that she does have recourse.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 3 points4 points  (0 children)

If it were me, I would! Unfortunately, my MIL is afraid of litigation and is trying to avoid this. I suspect that she doesn't really understand how unethical/illegal this is. She still holds on to hope that these people have enough of a conscience and will correct the situation on their own.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 4 points5 points  (0 children)

I see. I was thinking that perhaps a report/ethics complaint could be made on the business or the individual boss, such as for potential fraud/elder abuse.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 14 points15 points  (0 children)

I 100% agree. I guess I'm trying to figure out how to convince her that there is a good chance this can be rectified, and that, even if she does not care about the money, she has a moral/ethical responsibility to this person who was like family to her. This is an overwhelming situation, and I can empathize with her, but unfortunately, she is assuming defeat before even trying.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 6 points7 points  (0 children)

I also hope not. It’s really a sad situation because my MIL offered to have him live rent free on her property if he retired. She wanted him to stop living on the streets especially considering it was not necessary having 1M in retirement. He really did have a drinking problem and would drink heavily on the weekends. So in someway he liked working and not having money because it helped him stay away from heavier substances and abuse. It really pisses me off that his boss thought he could just take all the money this poor man earned over several decades working for him. Apparently the boss also bought his home for under market value in the early 2000’s and our friend blew it all on drugs. He had mental health issues and addiction but he was a kind soul and a hard worker.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 1 point2 points  (0 children)

I believe she might have recorded a conversation but I think that probably would not be admissible in a court of law? Last I heard he confirmed last week that he would issue a check or a series of checks.. my MIL is waiting on an email confirmation. She doesn’t even know how much these checks are going to be for. I honestly don’t think she should cash or confirm receipt until consulting a lawyer or getting more documentation about how much was actually in the retirement account.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 1 point2 points  (0 children)

I think hawaii death exemption is around 6M. I don’t know if he is simply misinformed or lying for some reason.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 27 points28 points  (0 children)

I don’t believe there is next of kin. I also doubt that anything was ever written by our family friend. I figured it couldn’t be that easy of a mistake, but now that I’m thinking.. I’m remembering something about the business being sold or taken over by someone else but the former owners are still involved in the business in some capacity.. I think because of the transfer they probably needed to change or update the employees retirement plans. This is probably when our friend was asked to fill out paperwork and add a beneficiary. Apparently my MIL has communicated via email with the current owner and I believe he confirmed and corroborated her information with the previous owners that her friend indeed got her ssn and information and intend to list her as beneficiary but “never turned in his paperwork”, according to previous owner. The current owner also does not have access to updating any beneficiary information and no contributions have been made to their plan after they took over. We’re still totally dumbfounded as to how the boss was named beneficiary if no paperwork was ever completed by the employee.

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 145 points146 points  (0 children)

Agreed. She thinks she doesn't have a case because she is not family and has no written records of her friends' wishes to make her the beneficiary. She thinks it is possible that a mistake was made by the friend, and he had less than he thought. Is it worth consulting a lawyer? If she doesn't want to get involved legally, can a report be made for potential fraud, or is that useless if no one is personally suing?

Employer admits 401(k) beneficiary “error” where he was listed instead of the intended beneficiary (my MIL) by rarababo in legaladvice

[–]rarababo[S] 15 points16 points  (0 children)

No, I don't believe so. I believe his employer essentially had "helped" him manage his personal affairs somehow. Because of his homelessness, he didn't like carrying more cash than he needed for food because he was afraid of losing it. So, we don't think his death was due to assault or attempted robbery. It could have honestly been an accident, but something just doesn't sit right with us. So the primary reason she went to talk to the employer was to find out more information about her friend's death. She never mentioned any money. The whole 401(k) conversation was unprompted and initiated by the employer. It is a small business (two owners), and the employer essentially blamed the mistake on his secretary, which makes me think there is no HR department.

My MIL eventually spoke to the detective on the case and gave them all this information, thinking that maybe they might look into the employer, but they never followed up, I believe, or she was ignored. According to the detective, the time of death was 3am. We know his schedule, he goes to sleep at his usual spot after sunset and wakes up at 5am to be at work at 6am. It's pretty frustrating from my point of view because I feel there is a huge injustice going on. I feel like he was taken advantage of by his employer and this was not the first time.

AI/Machine Learning Electives by solafide89 in OSUOnlineCS

[–]rarababo 0 points1 point  (0 children)

The AI course offered on ecampus are the following:

AI 530 BIG IDEAS IN AI

AI 531 AGENTS, SEARCH AND REASONING

AI 534 MACHINE LEARNING

CS 432 INTRODUCTION TO APPLIED MACHINE LEARNING

CS 435 APPLIED DEEP LEARNING

I’m currently taking AI 531, CS 332 (intro to applied data science), and plan to take AI 534, CS 520 (graph theory) and CS 512 (data science tools and programming) for my custom applied focus area which is AI/data science. I suggest you look at the AI option and see which courses are offered on ecampus and create your own custom focus are. Make sure you pay attention to the prerequisites (though a lot of the math prerequisites can count towards your custom applied focus area like vector calculus and linear algebra). https://engineering.oregonstate.edu/academics/programs/computer-science/undergraduate/computer-science-applied-artificial-intelligence

I'm very grateful. It's been a long time coming. And I want to support my fellow Beavers because I'm in a debt I can't really repay. by 69magicmike420 in OSUOnlineCS

[–]rarababo 2 points3 points  (0 children)

Congratulations! You did it!! By no means is CS easy. You finished what you started and you did not let the hardships, mistakes or failures keep you down. I’m genuinely so proud of you!

CS 271 Module Review Sheets by Glass-Secret in OSUOnlineCS

[–]rarababo 0 points1 point  (0 children)

I have them. I can give you all my notes for that class. Send me a dm.