FAQ

Q: Do I lose unused money paid into a Flex Plan if my employment is terminated? I’ve paid into a flex plan and was planning on using it later this month. I was laid off before I got the chance to. I know I could file claims for any services done prior to my termination date, but I haven’t had any dobe yet. Is that money lost or is there something I can do?

• A: Ivette’s Answer – Hello, The money is usually lost at the end of the year if it is not used. Please check with your HR department, but the remaining balance should be available to you until the end of the year.

Q: Is financial information available to a beneficiary or just the executor of the will? Bring a beneficiary of my mother’s last will and trust am I entitled to an answer from GE as to how much money will be received from stock and pension?

• A: Ivette’s Answer – Hello, Since you mother left a will and trust, the executor and/or trustee has the authority to obtain information regarding financial assets. Once they get the information, you can make a request of the executor for the financial information since you are a beneficiary.

Q: I want to ask some questions of a California attorney who drafted and witnessed a trust and will that I am involved in. The trust has “no contest” clause. Will asking those questions violate the “no contest” clause? I want to know about the circumstances of the drafting and signing of the papers as I am told they were very unusual.

• A: Ivette’s Answer – Hello, I have attached the link to California Probate Code Section 21305 which provides for which circumstances would not violate the “no contest” clause. You should review the will and code to determine if they are applicable in your situation. If you need further assistance, AVVO has referrals to California attorneys or you can contact the California State Bar.