Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.
Can it be accurate? It's possible but it is unlikely. You're going to have to get an attorney that does ERISA work to look over the pension plan to see what they are actually saying. If she is vested then they can't "take away" any amount for which she is vested. However, you may not be able to collect it for some years, depending on the exact language of the plan, and they all differ. This is covered by ERISA and unless someone does work with ERISA on a regular basis, there is very little chance that they understand ERISA thoroughly.
As to the stock, if she left a will, the stock passes according to the will. If she had a designated beneficiary on the stock, then it passes to the designated beneficiary, if the account was a Joint Tenancy with Right of Survivorship then the stock passes to the person who was the joint tenant. If none of these apply and she did not have a will then it passes according to intestate succession as exaplined on this web page http://www.nolo.com/legal-encyclopedia/intestate-succession-minnesota.html
You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter ERISA Law and Probate Law. Hopefully there will be someone who is listed as practicing in both of these areas and, if so, that's the person to speak to. If not, start with the lawyer that does probate law and they can call in an ERISA lawyer to consult.
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Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.