Legal Question in Wills and Trusts in Georgia

My mother died recently in a house fire. She had a retirement plan from a company she worked with several years ago. They are refusing to pay out, advising that we must wait until she would have turned 65 years old (which is 11 yrs. from now). The company is also refusing to provide a copy of the plan, or provide any details about it. As all documentation was destroyed in the fire, we are having a difficult time obtaining any further details. They are also stating that they will not pay the full amount. Are there any legal grounds for their statement, and what are our possible recourses?

Asked on 4/25/10, 3:01 pm

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Get a lawyer. The company can be forced to produce a copy of the plan.

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Answered on 4/30/10, 3:09 pm

Scott Riddle Law Office of Scott B. Riddle, LLC

Same answer as last time it was asked. No one here knows the terms of the plan. The administrator, or perhaps the administrator's lawyer, can get a copy of the documents. Their position is certainly not out of the ordinary if it turns out to be correct.

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Answered on 4/30/10, 3:11 pm

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